niTY  OF  LOS  ANGELES 


mry  ATiOi 


Compliments  of 

CLARK  H.  HAMMOND, 
Corporation  Counsel. 


Digitized  by  tine  Internet  Arciiive 

in  2008  witii  funding  from 

IVIicrosoft  Corporation 


http://www.arcliive.org/details/cliarterofcityofbOObuff 


THE  CHARTER 


OF  THE 


CITY  OF  BUFFALO 


As  amended  from  time  to  time  since  adop- 
tion in  1 89 1  and  as  now  in  force 


Compiled  and  Annotated 

BY 

HENRY  ADSIT  BULL 


PUBLISHED   BY  THE   CITY 
February,   1908 


Hausauer-Jones  Printing  Co., 
Buffalo,  N.  Y. 


130S 


COMPILER'S,  NOTE 


This  compilation  of  the  Charter  (of  which  the  last 
edition  was  issued  in  1896)  was  begun  unofficially  in 
November.  The  Cit}'  having  assumed  the  publication, 
the  completion  of  the  work  has  been  on  the  basis  of 
public  service  and  of  preparation  for  assuming  the 
duties  of  office. 

The  plan  of  this  edition  is  to  present  every  section 
in  its  present  form,  with  as  much  of  its  histoiy  as  pos- 
sible. Reference  to  every  amending  act  is  made  at  the 
end  of  the  section  or  subdivision  amended;  and  where 
practicable,  a  note  has  been  added,  briefly  describing 
the  nature  and  effect  of  the  amendment.  Sections  that 
have  become  obsolete  because  of  their  temporary  char- 
acter, repeal,  or  the  passage  of  laws  superseding  them, 
have  been  omitted,  the  reason  for  omission  being  stated 
in  every  case.  The  printing  of  a  section  w^ithout  any  note 
or  reference  to  an  amendment  shows  that  the  section 
has  remained  unchanged  since  its  adoption  in  1891. 

In  carrying  out  this  plan  of  compilation,  ninety- 
seven  laws,  containing  two  hundred  and  nineteen  sec- 
tions, making  in  all  two  hundred  and  fifty-one  amend- 
ments to  one  hundred  and  fifty-five  different  sections 
of  the  Charter,  have   been   personally   examined,   the 
^^     copy  furnished,  and   the   proof  read   by  the  compiler. 
^_      In  addition,  the  final  proof  has  been  read  aloud  in  com- 
'^     parison  with  the  official  edition  of  the  Session  Laws 

V  published  by  the  State.    Thanks  are  due  to  Mr.  William 
S.  Rann,  of   the  Corporation  Counsel's   staff,  for  occa- 
^    sional  assistance. 

'^v.  Every  effort  has   been  made    to    secure    accuracy 

'^  and  completeness,  and  it  is  hoped  that  the  result  will 
.^  aid  city  officials  to  more    efficient  discharge    of    their 
^  duties,  and  also  stinmlate  intelligent  discussion  of  pro- 
posed changes  in  the  Charter. 

Buffalo,  February,  1908. 


3535  J 


i^v 
r 


OFFICERS  OF  THE  CITY. 

MAYOR. 

James  N.  Adam.(I) 

COMPTROLLER.  TREASURER. 

George  M.  Zimmermann.(I)  Neil  McEachren.(2) 

BOARD  OF  ASSESSORS. 
Frank  J.  Schmidt,(1)   Martin  J.  Ryan,(2)  Edward  G.  Volz.(3) 

CORPORATION  COUNSEL, 
Louis  E.  Desbecker.(I) 

POLICE  COMMISSIONERS. 
Henry  C.  Zeller,  William  D.  Doherty,  and  Mayor  ex  officio. 

HEALTH  COMMISSIONER. 
Ernest  Wende,  M.D. 

FIRE  COMMISSIONERS. 
Simon  Seibert,  William  Person,  and  Russell  H.  Potter. 

COMMISSIONER  OF  PUBLIC  WORKS. 
Francis  G.  Ward.  (2) 

PARK  COMMISSIONERS. 

Charles  Mosier,  Horace  A.  Noble,  Maurice  M.  Wall,  Thomas 

B.  LocKwooD,  Harold  G.  Meadows,  and  the  Mayor  ex  officio. 

SUPERINTENDENT  OF  EDUCATION. 
Henry  P.  Emerson.(2) 

OVERSEER  OF  THE  POOR. 
Louis  J.  Kenngott.(I) 

POLICE  JUSTICE. 
Simon  A.  Nash.  (2) 

JUSTICES  OF  THE  PEACE. 
Wm.  Brennan,(1)  Daniel  J.  Sweeney, (1)  George  E.  Judge.(2) 

JUDGES  OF  THE  MUNICIPAL  COURT. 
Clark  H.  Hammond, (1)  Devoe  P.  Hodson.(2) 

(1)  Term  expires  December  31 ,  1909;  (2)  exoires  December  31,  1911 ;  (3)  expires  December 
31, 1913;  terms  of  other  officers  (all  appointed)  expire  at  various  dates. 


LEGISLATIVE  DEPARTMENT. 


COMMON  COUNCIL. 

President,  Henry  Adsit  Bull. 

Composed  of  the  Aldermen  and  Coimcilmen  in  joint  session . 

BOARD  OF  COUNCILMEN. 
President,  Henry  H.  Bingham,  M.D. 


John  C.  Betz 
Henry  Adsit  Bull 
Alfred  H.  Burt 
John  McManus 


Jacob  J.  Siegrist 
William  Burnet  Wright,  Jr. 
Charles  L.  Willert 
Henry  Zipp 


1st  Ward 

2nd 

3rd 

4th 

5th 

6th 

7th 

8th 

9th 
10th 
11th 
12th 


BOARD  OF  ALDERMEN. 

President,  George  Jacob  Haffa. 
John  P.  Sullivan     13th  Ward  George  J.  Burley 


John  J.  Collins        14th 
Joseph  Butler  15th 

Elmer  E.  Harris  16th 
Louis  P.  Fuhrmann  17th 
Jas.  S.  Porter,  M.D.  18th 
Edward  Sperry  19th 
John  F.  Nowak  20th 
William  Metzler  21st 
William  O.  Weimar  22nd 
Frank  J.  Britz  23rd 
Fred.W.  Schmieding  24th 
25th  Ward  John  J. 


"  Charles  F.  Brooks 

"  Samuel  Stengel 

"  Henry  F.  Jerge 

"  Harry  Fisher 

"  George  H.  Striker 

"  Octave  A.  Bruso 

"  William  H.  Crosby 

"  Francis  T.  Coffins 

"  Wm.  E.  Shif'ferens 

"  George  J.  Haffa 

"  Frank  J.  Eberle 
Kennedy. 


CITY  CLERK. 
Harold  J.  Balliett. 
Deputy,  Jacob  A.  Stauch. 


The  terms  of  Councihnen  Bingham,  Bull,  Burt,  Siegrist,  and 
Wright  will  expire  December  31st,  1911;  those  of  the  other 
Councilmen  and  of  all  Aldermen  expire  December  31st,  1909. 

Presiding  officers  are  elected  annually. 


TABLE  OF  CONTENTS. 


Title. 
I. 
II. 


III. 


IV 


V. 


VI. 

VII. 

VIII. 

IX. 

X. 

XL 

XII. 

XIII. 

XIV. 

XV. 

XVI. 

XVII. 

XVIII. 

XIX. 

XX. 

XXI. 

XXII. 

XXIII. 

XXIV. 


Subject.  Sections. 

The  City 1-3 

The  Legislative  Department: 

Chap.    I.     The  Common  Council 4-32 

"      IL     The  City  Clerk 33-4:> 

The  Executive  Department: 

Chap.    I.     The  City  Officers 43-48 

"      II.     The  Mayor 49-55 

Department  of  Finance: 

Chap.    I.     Comptroller  and  Treasurer 56-64 

"       II.     The  General  Fund 65-92 

"     III.     Local  Funds 93-105a 

"     IV.     Sale  of  Lands  for  Taxes 106-128 

Department  of  Assessment: 

Chap.    I.     Board  of  Assessors 129-137 

"      II.     Aimual  Assessment-Roll 138-142 

''    III.     Local  Assessments 143-160 

Department  of  Law    161-179 

Department  of  Police 180-230 

Department  of  Health 231-244 

Department  of  Fire  245-270 

Department  of  Public  Works 271-307 

Department  of  Parks 308-323 

Department  of  Public  Instruction 324-348 

Department  of  Poor 349-364 

Ward  Officers 365-368 

Elections 369-375 

Harbor  Master 376-381 

Police  Justice  and  Justices 382-390 

Public  Grounds,  Streets,  and  Waters 391-410 

Light 411-416 

Of  Eminent  Domain 417-445 

Official  Printing 446-450 

Municipal  Court  451-473 

Salaries 474 

General  Provisions 475-508 


CORRECTIONS  AND  ADDITIONS. 


Page  32 — After  line  2  insert ''for." 

58— At  end  of  note  to  section  77  add  ''and  L.  1896, 

c.  809,  Sec.  2.'^ 
60 — In, line  1  of  section  97,  change  "obtain"   to 

"retain." 
83 — At  end  of  note  to  section  130,  add  "and  L. 

1903,  c.  7." 
90 — Before    line  11   from  bottom,   insert    "siil:)- 

sequent." 
94 — At   beginning  of  line  12,  change -"sons"  to 

"persons," 
224 — In  note  to  section  402,  after  "Thus  amended 

by,"  insert  "L.  1895,  c.  805,  Sec.  29,  and." 
"    255 — In  first  note  on  page,  after  "L.  1893,"  change 

"c.  468"  to  "c.  245." 


THE  CHARTER 

OF  THE 

CITY  OF  BUFFALO 

LAWS  OF  1891,  CHAPTER  105 

with  all  amendments  to  and  including 

Acts  of  the  Legislature  of  1907 


In  Effect  January  1,  1908 


AN  ACT 

To  Revise  the  Charter  of  the  City  of  Buffalo 

Approved  by  the  Governor,  March  27,  1891.     Passed, 
three- fifths  bemg  present. 


The  People  of  the  State  of  New  York,  represented  in 
Senate  and  Assembly,  do  enact  as  follows: 

TITLE  I. 

THE  CITY. 

Section  1.  The  city  of  Buffalo  shall  be  bounded  as 
follows:  Beginning  at  a  point  where  a  hne  drawn 
parallel  w^ith  and  thirteen  hundred  and  fifty-three  feet 
distant,  and  southerly  at  right  angles  from  the  northerly 
line  of  lot  one  hundred  and  three  on  the  "mile  strip"  of 
the  New  York  state  reservation  on  the  Niagara  River 
will  intersect  the  east  bank  of  the  Niagara  River,  and 
running  thence  easterly  and  parallel  with  said  northerly 
line  of  said  lot  one  hundred  and  three  to  the  New  York 
state  reservation  Une,  including  so  much  of  said  lot  one 
hundred  and  three  as  hes  southerly  of  the  line,  thus 
establishing  and  excluding  so  much  of  the  "Jones  mile 
square,"  so  called,  as  hes  northerly  of  said  line;  thence 


S  REVISED    CITY    CHARTER.  [Title  L 

southeasterly  along  the  northeasterly  bounds  of  the  said 
"Jones  mile  square''  and  the  New  York  state  reserva- 
tion line  the  following  courses  and  distance,  to  wit: 
South  forty  degrees  east,  two  chains  and  sixty  links; 
south  thirty-five  degrees  east,  seven  chains;  south  thirty 
degrees  east,  seven  chains;  south  twenty-five  degrees 
east,  seven  chains,  and  south  twenty  degrees  east,  one 
chain  and  eighty-three  links  to  the  northwesterly  corner 
of  township  number  eleven,  in  the  eight  range  of  town- 
ships of  the  Holland  Land  Company's  survey;  thence 
easterly  along,  the  northerly  line  of  said  township,  to  the 
northeasterly  corner  thereof;  thence  easterly,  along  the 
northerly  line  of  said  township  to  the  northeasterly 
corner  thereof;  thence  easterly,  along  the  northerly  line 
of  lot  number  sixty-six  of  the  eleventh  township  and 
seventh  range,  to  the  northeasterly  comer  of  said  lot 
number  sixty-six;  thence  southerly,  along  the  easterly 
line  of  said  lot  number  sixty-six,  to  the  southeasterly 
comer  thereof;  thence  easterly,  along  the  southerly  line 
of  lots  numbers  sixty-five,  fifty-eight,  fifty-seven,  and 
fifty-six,  to  the  southeasterly  comer  of  said  lot  fifty-six; 
thence  northerly  along  the  easterly  line  of  lots  numbers 
forty-six,  forty-five,  forty-four,  forty-three,  forty-two 
and  forty-one,  to  the  southwesterly  corner  of  lot  number 
thirty-two,  and  the  southeasterly  corner  of  lot  number 
forty-one,  in  said  last -mentioned  township;  said  corners 
being  also  a  point  in  the  northerly  line  of  the  Buffalo 
Creek  Indian  reservation,  as  surveyed  by  James  Sperry, 
eight  chains  and  eighty-two  links  easterl}^  from  the 
northwesterly  corner  of  lot  number  one  hundred  and 
forty-eight  and  one-half;  thence  south  one  degree  and 
fifty-one  minutes  west,  two  hundred  and  eighty-eight 
chains  and  seventy-four  links  to  a  point  in  the  southerly 
line  of  lot  number  two  hundred  and  seventy-five  of  said 
reservation,  and  eighteen  chains  and  forty-eight  Unks 
easterly  from  southwesterly  comer  of  said  lot  number 
two  hundred  and  seventy-five;  thence  westerly  along  the 
southerly  line  of  lots  numbers  two  hundred  and  seventy- 


Title  /.]  REVISED    CITY    CHARTER.  9 

five,  two  hundred  and  sixty-four,  two  hundred  and  sixty- 
three  and  forty-two,  to  the  southwesterly  corner  of  said 
lot  number  forty-two;  thence  westerly  on  the  same 
course  as  the  last-described  line,  to  the  westerly  line  of 
the  state  of  New  York;  thence  northerly,  along  said 
westerly  hne  of  the  state  of  New  York,  to  a  point  on 
Niagara  River,  at  right  angles  with  the  easterly  shore 
opposite  the  place  of  beginning,  and  thence,  in  a  right 
line  easterly,  to  the  place  of  beginning. 

§  2.  The  citizens  of  this  state,  who  may  from  time  to 
time  reside  in  said  city,  shall  continue  to  be  a  municipal 
corporation  in  perpetuity  under  the  name  of  the  "City 
of  Buffalo."  The  corporation  may  take,  purchase,  hold 
and  convey  real  and  personal  property.  It  may  take  by 
gift,  grant,  bequest  and  devise,  and  hold  real  and  personal 
estate  in  trust  for  any  purpose  of  education,  art,  health, 
charity  or  amusement,  for  parks,  gardens  and  grounds 
for  the  burial  of  the  dead,  or  other  public  use,  and  for 
the  erection  of  statues,  monuments  and  pubhc  buildings, 
upon  such  terms  as  may  be  described  by  the  grantor  or 
donor  and  accepted  by  the  corporation;  and  it  may  pro- 
vide for  the  proper  execution  of  such  trusts.  It  may  do 
everything  necessary  to  carry  into  effect  the  powers 
granted  to  it. 

§  3.  The  city  shall  be  divided  into  twenty-five  wards, 
bounded,  respectively,  as  follows: 

FIRST    WARD. 

All  that  portion  of  the  city  included  in  the  following 
boundary  shall  be  known  as  the  first  ward,  to  wit: 

Beginning  at  the  intersection  of  the  center  lines  of  Main 
Street  and  Perry  Street ;  thence  along  the  center  hne  of 
Main  Street  southerly  to  the  center  line  of  Buffalo  River; 
thence  westerly  along  the  center  hne  of  Buffalo  River 
to  a  point  in  the  westerly  boundary  of  the  state  of  New 
York  opposite  the  mouth  of  Buffalo  River;  thence  south- 


10  RKVISKD    CITY    CHARTKR.  [Titlc  I. 

crly  along  the  westerly  boundary  of  the  state  of  New 
York  to  the  intersection  with  a  line  which  would  be 
formed  if  the  easterly  track  of  the  Buffalo  Creek  Railroad 
were  continued  in  a  straight  line  to  the  westerly  boundary 
of  the  state  of  New,York;  thence  northeasterly  along  the 
center  of  said  line  to  the  easterly  track  of  the  Buffalo 
Creek  Railroad  as  now  located  to  the  center  Ihie  of 
Perry  Street;  thence  westerly  along  the  center  line  of 
Perry  Street  to  the  intersection  of  the  center  lines  of 
Main  Street  and  Perry  Street,  the  place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 

SECOND  WARD. 

Beginning  at  the  intersection  of  the  center  hues  of 
Main  Street  and  Seneca  Street;  thence  southerly  along 
the  center  line  of  Main  Street  to  the  intersection  of  the 
center  lines  of  Main  Street  and  Periy  Street;  thence 
easterly  along  the  center  hne  of  Periy  Street  to  the 
intersection  of  the  center  lines  of  Perry  Street  and  Bab- 
cock  Street;  thence  northerly  along  the  center  line  of 
Babcock  Street  to  the  intersection  of  the  center  lines  of 
Babcock  Street  and  Seneca  Street ;  thence  westerly  along 
the  center  line  of  Seneca  Street  to  the  intersection  of  the 
center  Ihies  of  Main  Street  and  Seneca  Street,  the  place 
of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 

THIRD  WARD. 

Beginning  at  the  intersection  of  the  center  lines  of 
Main  Street  and  Eagle  Street;  thence  southerly  along 
the  center  line  of  Main  Street  to  the  intersection  of  the 
center  lines  of  Main  Street  and  Seneca  Street;  thence 
easterly  along  the  center  line  of  Seneca  Street  to  the 
intersection  of  the  center  lines  of  Seneca  Street  and  Bab- 
cock Street;  thence  northerly  along  the  center  line  of 
Babcock  Street  to  the  intersection  of  the  center  lines  of 


Title  /.]  REVISED    CITY   CHARTER.  11 

Babcock  Street  and  Clinton  Street ;  thence  westerly  along 
the  center  hne  of  Chnton  Street  to  the  intersection  of  the 
center  lines  of  Clinton  Street  and  Fillmore  Avenue; 
thence  southerly 'along  the  center  line  of  Fillmore  Ave- 
nue to  the  intersection  of  the  center  line  of  Fillmore 
Avenue  and  Eagle  Street;  thence  westerly  along  the 
center  line  of  Eagle  Street  to  the  intersection  of  the 
center  hnes  of  Main  Street  and  Eagle  Street,  the  place 
of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 

FOURTH  WARD. 

Beginning  at  the  intersection  of  the  center  lines  of 
Babcock  Street  and  Clinton  Street;  thence  southerly 
along  the  center  line  of  Babcock  Street  to  the  inter- 
section of  the  center  lines  of  Babcock  Street  and  Perry 
Street;  thence  westerly  along  the  center  line  of  Perry 
Street  to  the  easterly  boundaiy  of  the  first  ward ;  thence 
southwesterly  along  said  eastern  boundar}^  to  the  west- 
erly boundary  of  the  state  of  New  York;  thence  south- 
easterly along  said  westerly  boundary  to  its  intersection 
with  the  southerly  boundary  of  the  said  city;  thence 
easterly  along  the  southerly  boundary  of  said  city  and 
northerly  along  the  easterly  boundary  of  said  city  to  its 
intersection  with  the  center  line  of  Clinton  Street ;  thence 
westerly  along  the  center  line  of  Clinton  Street  to  the 
intersection  of  the  center  lines  of  Clinton  Street  and 
Babcock  Street,  the  place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 

FIFTH  WARD. 

Beginning  at  the  intersection  of  the  center  lines  of 
Main  Street  and  Goodell  Street;  thence  southerly  along 
the  center  line  of  Mian  Street  to  the  intersection  of  the 
center  lines  of  Main  Street  and  Eagle  Street;  thence 
easterly  along  the  center  line  of  Eagle  Street  to  the 


12  REVISED    CITY    CHARTER.  [Title  I. 

intersection  of  the  center  lines  of  Eagle  Street  and  Pine 
Street;  thence  northerly  along  the  center  line  of  Pine 
Street  to  the  intersection  of  the  center  line  of  Pine  Street 
and  William  Street ;  thence  easterly  along  the  center  line 
of  William  Street  to  the  intersection  of  the  center  lines 
of  A\'illiam  Street  and  Bennett  Street;  thence  north- 
westerly along  the  center  lines  of  Bennett  Street  and  Ash 
Street  to  the  intersection  of  the  center  lines  of  Genesee 
Street  and  Ash  Street;  thence  westerly  along  the  center 
line  of  Genesee  Street  to  the  intersection  of  the  center 
lines  of  Genesee  Street  and  Michigan  Street;  thence 
northerly  along  the  center  line  of  Michigan  Street  to  the 
intersection  of  the  center  Imes  of  Michigan  Street  and 
Goodell  Street;  thence  westerly  along  the  center  line  of 
Goodell  Street  to  the  intersection  of  the  center  lines  of 
Main  Street  and  Goodell  Street,  the  place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 

SIXTH    WARD. 

Beginning  at  the  intersection  of  the  center  lines  of 
Broadway  and  Bennett  Street;  thence  southeasterly 
along  the  center  line  of  Bennett  Street  to  the  intersection 
of  the  center  hnes  of  Bennett  Street  and  A\'illiam  Street; 
thence  westerly  along  the  center  line  of  William  Street 
to  the  intersection  of  the  center  lines  of  "\Mlliam  Street 
and  Pine  Street;  thence  southerly  along  the  center  line 
of  Pine  Street  to  the  intersection  of  the  center  lines  of 
Pine  Street  and  Eagle  Street;  thence  easterly  along  the 
center  line  of  Eagle  Street  to  the  intersection  of  the 
center  lines  of  Eagle  Street  and  Madison  Street;  thence 
northerly  along  the  center  line  of  Madison  Street  to  the 
intersection  of  the  center  lines  of  Madison  Street  and 
Broadway;  thence  westerly  along  the  center  line  of 
Broadway  to  the  intersection  of  the  center  lines  of  Ben- 
nett Street  and  Broadway,  the  place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 


Title  I.]  REVISED    CITY    CHARTER.  13 

SEVENTH    WARD. 

Beginning  at  the  intersection  of  the  center  hnes  of 
Madison  Street  and  Broadway;  thence  southerly  along 
the  center  line  of  Madison  Street  to  the  intersection  of 
the  center  Ines  of  Madison  Street  and  Eagle  Street; 
thence  easterly  along  the  center  line  of  Eagle  Street  to 
the  intersection  of  the  center  lines  of  Eagle  Street  and 
Smith  Street;  thence  northerly  along  the  center  line  of 
Smith  Street  to  the  intersection  of  the  center  lines  of 
Smith  Street  and  Broadway;  thence  westerly  along  the 
center  line  of  Broadway  to  the  intersection  of  the  center 
lines  of  Broadway  and  Madison  Street,  the  place  of  be- 
ginning. 

Thus  amended  by  L.  1905.  c.  644 

EIGHTH  WARD. 

Beginning  at  the  intersection  of  the  center  hnes  of 
Broadway  and  Smith  Street ;  thence  southerly  along  the 
center  Ime  of  Smith  Street  to  the  intersection  of  the 
center  lines  of  Smith  Street  and  Eagle  Street;  thence 
easterly  along  the  center  line  of  Eagle  Street  to  the  inter- 
section of  the  center  lines  of  Eagle  Street  and  Fillmore 
Avenue;  thence  northerly  along  the  center  line  of  Fill- 
more Avenue  to  the  intersection  of  the  center  hnes  of 
Fillmore  Avenue  and  William  Street;  thence  easterly 
along  the  center  line  of  William  Street  to  the  intersection 
of  the  center  hne  of  William  Street  and  the  center  of  a 
line  which  would  be  formed  by  the  extension  of  Milbum 
Street  to  William  Street;  thence  northerly  along  the 
center  of  said  line  and  the  center  line  of  Milburn  Street 
to  the  intersection  of  the  center  lines  of  Milburn  Street 
and  Broadway;  thence  westerly  along  the  center  line 
of  Broadway  to  the  New  York  Central  belt  line  track 
(as  now  located) ;  thence  northerly  along  said  belt  line 
track  to  the  center  of  a  line  formed  by  the  extension  of 
Stanislaus  Street  eastward  to  said  belt  line  track;  thence 
westerly  along  the  center  of  said  line  and  the  center  line 


14  REVISED    CITY    CHARTER.  [Title  I. 

of  Stanislaus  Street  to  the  intersection  of  the  center  hues 
of  Stanislaus  Street  and  Ik'ck  Street;  thence  southerly 
along  the  center  line  of  Beck  Street  to  the  intersection 
of  the  center  lines  of  Beck  Street  and  Broadway;  thence 
westerly  along  the  center  liiu^  of  Broadway  to  the  inter- 
section of  the  center  lines  of  Broadway  and  Smith  Street, 
the  place  of  beginning. 

Thus  amended  by  L,  1905,  c.  644. 

NINTH  WARD. 

Begimihig  at  the  intersection  of  the  center  lines  of 
Broadway  and  Milburn  Street;  thence  southerly  along 
the  center  line  of  Milburn  Street  and  the  center  of  a  line 
which  would  be  formed  by  the  extension  of  Milburn 
Street  to  William  Street  to  the  intersection  of  the  center 
of  said  line  with  the  center  line  of  William  Street;  thence 
westerly  along  the  center  line  of  William  Street  to  the 
intersection  of  the  center  lines  of  William  Street  and 
Fillmore  Avenue;  thence  southerly  along  the  center  line 
of  Fillmore  Avenue  to  the  intersection  of  the  center  lines 
of  Fillmore  Avenue  and  Chnton  Street;  thence  easterly 
along  the  center  line  of  Clinton  Street  to  the  easterly 
boundary  of  the  said  city;  thence  northerly  along  the 
easterly  boundary  of  said  city  to  the  intersection  of  said 
easterly  boundary  and  the  center  line  of  Broadway; 
thence  westerly  along  the  center  line  of  Broadway  to  the 
intersection  of  the  center  lines  of  Broadway  and  Milburn 
Street,  the  place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 

TENTH  WARD. 

Beginning  at  the  intersection  of  the  center  lines  of 
Genesee  Street  and  Ash  Street;  thence  southeasterly 
along  the  center  line  of  Ash  Street  to  the  intersection  of 
the  center  lines  of  Ash  Street  and  Broadway;  thence 
easterly  along  the  center  line  of  Broadway  to  the  inter- 


Title  /.]  REVISED    CITY   CHARTER.  15 

section  of  the  center  lines  of  Broadway  and  Sherman 
Street ;  thence  northerly,  along  the  center  line  of  Sherman 
Street  to  the  intersection  of  the  center  lines  of  Sherman 
Street  and  Genesee  Street;  thence  southwesterly  along 
the  center  line  of  Genesee  Street  to  the  intersection  of 
the  center  lines  of  Genesee  Street  and  Ash  Street,  the 
place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 

ELEVENTH  WARD. 

Beginning  at  the  intersection  of  the  center  Imes  of 
Genesee  Street  and  Sherman  Street;  thence  southerly 
along  the  center  line  of  Sherman  Street  to  the  intersection 
of  the  center  lines  of  Sherman  Street  and  Broadway; 
thence  easterly  along  the  center  hne  of  Broadway  to 
the  intersection  of  the  center  lines  of  Broadway  and 
Beck  Street;  thence  northerly  along  the  center  Ime  of 
Beck  Street  to  the  intersection  of  the  center  lines  of 
Beck  Street  and  Stanislaus  Street ;  thence  easterly  along 
the  center  Hne  of  Stanislaus  Street  and  the  center  of  a 
hne  formed  by  the  extension  of  Stanislaus  to  the  New 
York  Central  belt  line  tracks;  thence  northerly  along  the 
said  New  York  Central  belt  line  tracks  to  the  center  Une 
of  Walden  Avenue;  thence  westerly  along  the  center 
line  of  Walden  Avenue  and  Best  Street  to  the  intersection 
of  the  center  lines  of  Best  Street  and  Herman  Street; 
thence  southerly  along  the  center  line  of  Herman  Street 
to  the  intersection  of  the  center  lines  of  Herman  Street 
and  Genesee  Street;  thence  southwesterly  along  the 
center  line  of  Genesee  Street  to  the  intersection  of  the 
center  lines  of  Genesee  Street  and  Sherman  Street,  the 
place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 

TWELFTH    WARD. 

Beginning  at  the  intersection  of  the  center  lines  of 
Delavan  Avenue  and  Grider  Street;  thence  southerly 


16  HKVISED    CITY    CHAKTKU.  [Title  I. 

along  the  center  line  of  Grider  Street  to  the  intersection 
of  the  center  lines  of  Grider  Street  and  Ferry  Street; 
thence  westerly  along  the  center  line  of  Ferry  Street  to 
the  New  York  Central  belt  line  tracks  as  now  located; 
thence  southerly  along  the  New  York  Central  belt  line 
tracks  to  the  center  hne  of  Broadway;  thence  easterly 
along  the  center  1  ne  of  Broadway  to  the  easterly  bound- 
ary of  the  said  city;  thence  northerly  along  the  easterly 
boundary  of  said  city  to  the  center  line  of  Delavan  Ave- 
nue; thence  westerly  along  the  center  line  of  Delavan 
Avenue  to  the  intersection  of  the  center  lines  of  Delavan 
Avenue  and  Grider  Street,  the  place  of  beginning. 
Thus  amended  by  L.  1905,  c.  644. 

THIRTEENTH  W^ARD. 

Beginning  at  the  intersection  of  the  center  lines  of 
Main  Street  and  North  Street;  thence  southerly  along 
the  center  line  of  Main  Street  to  the  intersection  of  the 
center  lines  of  Main  Street  and  Goodell  Street;  thence 
easterly  along  the  center  line  of  Goodell  Street  to  the 
intersection  of  the  center  lines  of  Goodell  Street  and 
Michigan  Street;  thence  southerly  along  the  center  line 
of  Michigan  Street  to  the  intersection  of  the  center  lines 
of  Genesee  Street  and  Michigan  Street;  thence  north- 
easterly along  the  center  line  of  Genesee  Street  to  the 
intersection  of  the  center  lines  of  Genesee  Street  and 
Hickoiy  Street;  thence  northwesterly  along  the  center 
line  of  Hickory  Street  to  the  intersection  of  the  center 
lines  of  Hickory  Street  and  Cherry  Street;  thence  north- 
easterly along  the  center  line  of  Cherry  Street  to  the 
intersection  of  the  center  lines  of  Cheriy  Street  and 
Locust  Street;  thence  northerly  along  the  center  line  of 
Locust  Street  to  the  intersection  of  the  center  lines  of 
Locust  Street  and  North  Street;  thence  westerly  along 
the  center  line  of  North  Street  to  the  intersection  of  the 
center  lines  of  Main  Street  and  North  Street,  the  place 
of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 


Title  I.]  REVISED    CITY    CHARTER.  17 

FOURTEENTH  WARD. 

Beginning  at  the  intersection  of  the  center  hnes  of 
North  Street  and  Locust  Street ;  thence  southerly  along 
the  center  line  of  Locust  Street  to  the  intersection  of  the 
center  lines  of  Locust  Street  and  Cherry  Street;  thence 
southwesterly  along  the  center  hne  of  Cherry  Street  to 
the  intersection  of  the  center  lines  of  Cherry  Street  and 
Hickory  Street;  thence  southerly  along  the  center  line 
of  Hickoiy  Street  to  the  intersection  of  the  center  lines 
of  Genesee  Street  and  Hickory  Street;  thence  north- 
easterly along  the  center  hne  of  Genesee  Street  to  the 
intersection  of  the  center  lines  of  Herman  Street  and 
Genesee  Street;  thence  northerly  along  the  center  line 
of  Herman  Street  to  the  intersection  of  the  center  lines 
of  Herman  Street  and  Best  Street ;  thence  westerly  along 
the  center  line  of  Best  Street  to  the  intersection  of  the 
center  lines  of  Best  Street  and  Jefferson  Street;  thence 
southerly  along  the  center  line  of  Jefferson  Street  to  the 
intersection  of  the  center  lines  of  Jefferson  Street  and 
North  Street;  thence  westerly  along  the  center  line  of 
North  Street  to  the  intersection  of  the  center  hnes  of 
North  Street  and  Locust  Street,  the  place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 

FIFTEENTH   WARD. 

Beginning  at  the  intersection  of  the  center  lines  of 
Main  Street  and  Delavan  Avenue;  thence  southwesterly 
and  southerly  along  the  center  line  of  Main  Street  to  the 
intersection  of  the  center  lines  of  Main  Street  and  North 
Street;  thence  easterly  along  the  center  line  of  North 
Street  to  the  iiitersection  of  the  center  lines  of  North 
Street  and  Jefferson  Street;  thence  northerly  along  the 
center  line  of  Jefferson  Street  to  the  intersection  of  the 
center  hnes  of  Jefferson  Street  and  Delavan  Avenue; 
thence  westerly  along  the  center  line  of  Delavan  Avenue 
to  the  intersection  of  the  center  lines  of  Main  Street  and 
Delavan  Avenue,  the  place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 


18  REVISED    CITY    CHAUTKH.  [I'itlc  I. 

SIXTEENTH  WARD . 

Beginning  at  the  intersection  of  the  center  hnes  of 
Delavan  Avenue  and  Jefferson  Street;  tlience  southerly 
along  the  center  line  of  Jefferson  Street  to  the  intersection 
of  the  center  lines  of  Jefferson  Street  and  Best  Street; 
thence  easterly  along  the  center  lines  of  Best  Street  and 
Walden  Avenue  to  the  New  York  Central  belt  line  tracks 
as  now  located;  thence  northerly  along  the  said  belt  line 
tracks  to  the  center  line  of  Ferry  Street ;  thence  easterly 
along  the  center  line  of  Ferry  Street  to  the  intersection 
of  the  center  lines  of  Ferry  Street  and  Grider  Street; 
thence  northerly  along  the  center  line  of  Grider  Street 
to  the  intersection  of  the  center  lines  of  Grider  Street 
and  Delavan  Avenue;  thence  westerly  along  the  center 
line  of  Delavan  Avenue  to  the  intersection  of  the  center 
lines  of  Delavan  Avenue  and  Jefferson  Street,  the  place 
of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 

SEVENTEENTH    WARD. 

Beginning  at  the  intersection  of  the  center  hnes  of 
Main  Street  and  Delavan  Avenue;  thence  easterly  along 
the  center  line  of  Delavan  Avenue  to  the  easterly  boundaiy 
of  the  city;  thence  northerly  along  the  easterly  boundary 
of  the  city  to  the  northerly  boundaiy  of  the  city;  thence 
westerly  along  the  northerly  boundary  of  the  city  to  the 
easterly  boundary  of  the  city;  thence  northerly  along 
the  easterly  boundaiy  of  the  city  to  the  northerly  bound- 
ary of  the  city;  thence  westerly  along  the  northerly 
boundaiy  of  the  city  to  the  center  line  of  Delaware  Ave- 
nue; thence  southerly  along  the  center  line  of  Delaware 
Avenue  to  the  center  of  Scajaquada  Creek;  thence  along 
the  center  of  Scajacjuada  Creek  to  the  center  line  of 
Main  Street;  thence  along  the  center  line  of  Main  Street 
to  the  intersection  of  the  center  lines  of  Main  Street  and 
Delavan  Avenue,  the  place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644. 


Title  /.]  REVISED    CITY    CHARTER.  19 

EIGHTEENTH    WARD, 

Beginning  at  the  intersection  of  the  northerly  bound- 
ary of  the  city  and  the  center  hne  of  Delaware  Avenue; 
thence  southerly  along  the  center  line  of  Delaware  Ave- 
nue to  the  center  line  of  Scajaquada  Creek;  thence  west- 
erly along  the  center  line  of  Scajaquada  Creek  to  the 
westerly  boundary  of  the  state  of  New  York,  excluding 
any  portion  of  Squaw  Island;  thence  northerly  along 
the  westerly  boundary  of  the  state  of  New  York  to  the 
intersection  of  said  westerly  boundary  and  the  north- 
westerly boundary  of  the  city;  thence  northeasterly, 
southeasterly  and  easterly  along  the  northerly  boundary 
of  the  city  to  the  intersection  of  the  northerly  boundary 
of  the  city  and  the  center  line  of  Delaware  Avenue,  the 
place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644,  and  L.  1906,  c.  313. 

NINETEENTH  WARD. 

Beginning  at  the  intersection  of  the  center  lines  of 
Main  Street  and  Scajaquada  Creek;  thence  westerly 
along  the  center  Une  of  Scajaquada  Creek  to  the  westerly 
boundary  of  the  state  of  New  York,  including  Squaw 
Island;  thence  southerly  along  the  westerly  boundary 
of  the  state  of  New  York  to  a  point  on  the  center  line  of 
Delavan  Avenue  extended;  thence  easterly  on  the  center 
line  of  Delavan  Avenue  extended  and  the  center  line  of 
Delavan  Avenue  to  the  intersection  of  the  center  hues 
of  Delavan  Avenue  and  Main  Street;  thence  northeast- 
erly along  the  center  line  of  Main  Street  to  the  inter- 
section of  the  center  Unes  of  Main  Street  and  Scajaquada 
Creek,  the  place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644,  and  L.  1906,  c.  313. 

TWENTIETH  WARD. 

Beginning  at  the  intersection  of  the  center  lines  of 
Main  Street  and  Delavan  Avenue;  thence  southwesterly 


20  REVISED   CITY   CHARTER.  [Title  I. 

along  the  center  line  of  Main  Street  to  the  intersection 
of  the  center  lines  of  Main  Street  and  Feriy  Street; 
thence  westerly  along  the  center  line  of  Ferry  Street  to 
the  intersection  of  the  center  lines  of  Ferry  Street  and 
Hani])shire  Street ;  thence  southwesterly  along  the  center 
line  of  Hampshire  Street  to  the  intersection  of  the  center 
lines  of  Hampshire  Street  and  Albany  Street;  thence 
westerly  on  the  center  line  of  Albany  Street  and  the 
center  line  of  Albany  Street  extended  to  the  westerly 
boundary  of  the  state  of  New  York;  thence  northerly 
along  the  westerly  boundaiy  of  the  state  of  New  York 
to  a  point  on  the  center  line  of  Delavan  Avenue  ex- 
tended; thence  easterly  on  the  center  line  of  Delavan 
Avenue  extended,  and  the  center  line  of  Delavan  Ave- 
nue to  the  intersection  of  the  center  lines  of  Delavan 
Avenue  and  Main  Street,  the  place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644,  and  L.  1906,  c.  313. 

TWENTY-FIRST    WARD. 

Beginning  at  the  mtersection  of  the  center  lines  of 
Main  Street  and  Ferry  Street;  thence  southerly  along 
the  center  line  of  Main  Street  to  the  intersection  of  the 
center  lines  of  Main  Street  and  North  Street;  thence 
westerly  along  the  center  line  of  North  Street  to  the 
intersection  of  the  center  line  of  Richmond  Avenue; 
thence  northerly  along  the  center  line  of  Richmond 
Avenue  to  the  intersection  of  the  center  lines  of  Rich- 
mond Avenue  and  Connecticut  Street;  thence  south- 
westerly along  the  center  line  of  Connecticut  Street  to 
the  intersection  of  the  center  lines  of  Connecticut  Street 
and  Fifteenth  Street;  thence  northwesterly  along  the 
center  line  of  Fifteenth  Street  to  the  intersection  of  the 
center  lines  of  Fifteenth  Street  and  Hampshire  Street; 
thence  northeasterly  along  the  center  line  of  Hampshire 
Street  to  the  intersection  of  the  center  lines  of  Hamp- 
shire Street  and  Feriy  Street ;  thence  easterly  along  the 
center  line  of  Ferry  Street  to  the  intersection  of  the 


Title  I.]  REVISED    CITY    CHARTER.  21 

center  lilies  of  Main  Street  and  Feny  Street,,  the  place 
of  beginning. 
Thus  amended  by  L.  1905,  c.  644,  and  L.  1906,  c.  313. 

«       TWENTY-SECOND   WARD. 

Beginning  at  the  intersection  of  the  center  lines  of 
Connecticut  Street  and  Richmond  Avenue ;  thence  south- 
erly along  the  center  line  of  Richmond  Avenue  to  the 
intersection  of  the  center  hnes  of  Richmond  Avenue 
and  York  Street ;  thence  southwesterly  along  the  center 
lines  of  York  Street  and  Porter  Avenue  to  a  point  in 
the  westerly  boundary  of  the  state  of  New  York  on  the 
center  line  of  Porter  Avenue  extended ;  thence  northerly 
along  the  westerly  boundary  of  the  state  of  New  York 
to  a  point  on  the  center  line  of  Albany  Street  extended ; 
thence  easterly  on  the  center  line  of  Albany  Street  ex- 
tended, and  the  center  line  of  Albany  Street  to  the  inter- 
section of  the  center  lines  of  Albany  Street  and  Hamp- 
shire Street;  thence  northeasterly  along  the  center  line 
of  Hampshire  Street  to  the  intersection  of  the  center 
lines  of  Hampshire  Street  and  Fifteenth  Street;  thence 
southeasterly  along  the  center  Hne  of  Fifteenth  Street 
to  the  intersection  of  the  center  lines  of  Fifteenth  Street 
and  Connecticut  Street;  thence  northeasterly  along  the 
center  line  of  Connecticut  Street  to  the  intersection  of 
the  center  lines  of  Connecticut  Street  and  Richmond 
Avenue,  the  place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644,  and  L.  1906,  c.  313. 

TWENTY-THIRD    WARD 

Beginning  at  the  intersection  of  the  center  hnes  of 
Main  Street  and  North  Street;  thence  southerly  along 
the  center  Ime  of  Main  Street  to  the  intersection  of  the 
center  lines  of  Main  Street  and  Tupper  Street;  thence 
westerly  and  northwesterly  along  the  center  lines  of 
Tupper  Street,  Twelfth  Street,  Maryland  Street,  Cottage 


22  UKMSED    CITY    CHAUTEU.  [Title  I. 

Street,  Hudson  Street  and  Plynioutli  Avenue  to  the 
intersection  of  the  center  lines  of  Plymouth  Avenue  and 
York  Street;  thence  northeasterly  along  the  center  hne 
of  York  Street  to  the  intersection  of  the  center  hues  of 
York  Street  an'd  Richmond  Avenue;  thence  southerly 
along  the  center  hne  of  Richmond  Avenue  to  the  inter- 
section of  the  center  line  of  North  Street;  thence  easterly 
along  the  center  line  of  North  Street  to  the  in  ersection 
of  the  center  lines  of  Main  Street  and  North  Street,  the 
place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644;  L.  1906,  c.  313  and 
L.  1907,  c.  284. 

TWENTY-FOURTH   WARD. 

Beginning  at  tlie  intersection  of  the  center  lines  of 
Main  Street  and  Tupper  Street;  thence  southerly  along 
the  center  line  of  Main  Street  to  the  intersection  of  the 
center  lines  of  Main  Street  and  Niagara  Street;  thence 
northwesterly  along  th(^  center  lines  of  Niagara  Street, 
Mohawk  Street,  Wilkeson  Street  and  Seventh  Street  to 
the  intersection  of  the  center  lines  of  Seventh  Street  and 
Porter  Avenue;  thence  northeasterly  along  the  center 
lines  of  Porter  Avenue  and  York  Street  to  the  inter- 
section of  the  center  hues  of  York  Street  and  Plymouth 
Avt^nue;  thence  easterly  and  southeasterly  along  the 
center  Unes  of  Plymouth  Avenue,  Hudson  Street,  Cottage 
Street,  Maryland  Street,  Twelfth  Street,  and  Tupper 
Street  to  the  intersection  of  the  center  lines  of  Main 
Street  and  Tupper  Street,  the  place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644;  L.  1906,  c.  313  and 
L.  1907,  c.  284. 

tweXty-fifth  ward. 

lieginning  at  the  intersection  of  the  center  lines  of 
Main  Street  and  Niagara  Street;  thence  southerly  along 
the  center  line  of  Main  Street  to  the  center  line  of  Buffalo 


Title  11.]  revisp:d  city  charter.  23 

River;  thence  along  the  center  hne  of  Buffalo  River  to 
Lake  Erie  to  a  point  in  the  westerly  boundary  of  the 
state  of  New  York  opposite  the  rnouth  of  Buffalo  River; 
thence  northwesterly  along  the  westerly  boundary  of 
the  state  of  New  York  to  a  point  on  the  center  line  of 
Porter  Avenue  extended;  thence  northeasterly  on  the 
center  line  of  Porter  Avenue  extended  and  the  center 
line  of  Porter  Avenue  to  the  intersection  of  the  center 
lines  of  Porter  Avenue  and  Seventh  Street ;  thence  south- 
easterly along  the  center  lines  of  Seventh  Street,  Wilke- 
son  Street,  Mohawk  Street,  and  Niagara  Street  to  the 
intersection  of  the  center  lines  of  Main  Street  and  Niagara 
Street,  the  place  of  beginning. 

Thus  amended  by  L.  1905,  c.  644,  and  L.  1906,  c.  313. 


TITLE  IL 

THE   LEGISLATIVE  DEPARTMENT, 

Chapter   I. 

§  4.  The  legislative  power  of  the  city  shall  be  vested 
in  a  Common  Council,  which  shall  consist  of  a  Board  of 
Councilmen  and  a  Board  of  Aldermen. 

§  5.  No  action  of  the  Common  Council  shall  be  of 
force  unless  it  shall  have  originated  in  the  Board  of  Alder- 
men, and  shall  have  been  approved  by  the  Board  of  Coun- 
cilmen ;  but  the  Board  of  Councilmen  may  amend  any 
measure  transmitted  to  it  and  return  the  same  to  the 
Board  of  Aldermen  for  further  consideration ;  if  the  Board 
of  Aldermen  agree  to  such  amendment,  its  action  as 
amended,  shall  be  the  action  of  the  Common  Council;  if  it 
shall  not  agree  thereto,  and  shall  further  amend,  it  may 
return  the  measure  as  finally  passed  by  it  to  the  Board  of 
Councilmen  for  its  further  consideration.  Whenever  by 
law,  the  giving  of  notice,  reference  to  any  Committee  or 
any  officer  or  person,  or  other  act   is  made  a  prerequisite 


24  UKVISKD    CITY    CHAHTKK.  [Title  II. 

to  action  by  the  ('oiiiiuon  Council,  it  shall  be  necessary 
for  such  notice  to  be  given,  reference  to  be  made  or  other 
act  to  be  done,  by  the  Board  of  Aldermen  only,  unless 
herein  othenvise  specifically  provided. 

§  6.  The  Board  of  Councilmen  shall  consist  of  nine 
members,  who  shall  be  elected  By  the  electors  of  the 
city.  Councilmen  hereafter  elected  shall  hold  office  for 
four  years,  except  as  hereinafter  provided.  Three  Coun- 
cilmen shall  be  elected  at  the  municipal  election  held  in 
the  year  eighteen  hundred  and  ninety-five.  Six  Council- 
men  shall  be  elected  at  the  mvmicipal  election  in  the  year 
eighteen  hundred  and  ninety-seven,  and  they  shall  meet 
before  the  end  of  that  year,  at  a  time  and  place  to  be 
designated  by  the  Mayor,  and  determine  by  lot,  two  of 
their  number  to  hold  office  for  two  years,  and  shall 
certify  in  writing  to  the  City  Clerk  their  determination. 
The  term  of  office  of  the  Councilmen  elected  in  the  year 
eighteen  hundred  and  ninety-seven  and  so  certified  shall 
be  two  years,  and  of  the  others  shall  be  four  years.  At 
the  annual  election  held  in  each  odd-numbered  year 
thereafter  there  shall  be  elected  alternately  five  and  four 
Councilmen,  respectively,  for  the  term  of  four  years. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  1. 

Before  1895,  three  Councilmen  were  elected  every  year  to  serve 
three  years. 

§  7.  The  Board  of  Aldermen  shall  consist  of  twenty- 
five  members,  one  elected  by  the  electors  of  each  ward. 
They  shall  hold  office  for  the  term  of  two  years,  except 
as  provided  in  section  three  hundred  and  sixty-nine  of 
this  act  as  amended.  At  the  municipal  election  held  in 
each  odd-numbered  year  an  Alderman  shall  be  elected  in 
each  ward,  exce[)t  in  the  year  eighteen  hundred  and 
ninety-five,  when  Aldermen  shall  be  elected  only  in  the 
wards  in  which  Aldermen  were  not  elected  at  the  general 
election  held  in  the  year  eighteen  hundred  and  ninety- 
four.     Aldermen  shall  be  residents  of  the  wards  in  which 


Title  II.]  REVISED    CITY    CHARTER.  25 

they  are  elected,  respectively,  and  removal  from  such 
wards  shall  make  the  office  vacant. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  2. 

Before  1895,  Aldermen  were  elected  annually. 

§  8.  A  majority  of  all  the  Aldermen  elected  shall  con- 
stitute a  quorum  of  the  Board  of  Aldermen,  and  six  Coan- 
cilmen  shall  constitue  a  quorum  of  the  Board  of  Council- 
men,  but  less  than  a  quorum  of  each  board  may  adjourn 
from  time  to  time  and  compel  the  attendance  of  absent 
members.  Whenever  a  unanimous  or  other  specified 
vote  of  the  Common  Council  is  required,  such  vote  shall 
be  required  in  each  board.  The  boards  composing  the 
Common  Council  shall  meet  on  the  first  Monday  of  Jan- 
uaiy  in  each  year  at  ten  o'clock  in  the  forenoon,  and  as 
soon  thereafter  as  practicable  each  board  shall  elect  by 
ballot  one  of  its  members  as  its  president  to  preside  over 
its  meetings  for  one  year;  and  for  the  purpose  of  such 
election  the  City  Clerk,  or  his  deputy,  shall  act  as  pre- 
siding officer  of  each  board.  The  Common  Council  shall 
meet  on  the  same  day  in  each  year  at  two  o'clock  in  the 
afternoon,  and  as  soon  thereafter  as  practicable  such 
Common  Council  shall  elect  by  ballot  one  of  its  members 
as  its  president  to  preside  over  its  meetings  for  one  year, 
and  for  the  purpose  of  such  election  the  City  Clerk,  or  his 
deputy,  shall  act  as  presiding  officer  of  such  Common 
Council.  In  the  absence  of  its  president,  each  board  may 
choose  a  temporary  president.  Nothing  herein  con- 
tained shall  be  construed  to  nullify  the  action  of  the 
Common  Council  in  selecting  a  president  thereof  in  the 
month  of  January,  eighteen  hundred  and  ninety-three; 
but  said  election  or  designation  is  hereby  ratified,  legal- 
ized, and  confirmed. 

Thus  amended  by  L.  1893,  c.  345,  Sec.  1. 

This  law  added  the  sentence  providing  for  a  meeting  of  the 
Common  Council,   and  the  last   sentence. 

§  9.  Each  board  composing  the  Common  Council 
shall  fix  the  time  for  its  stated  meetings,  and  may  adjourn 


26  KKVISKD    CITV    CIIAHTKIt.  [Title  II. 

from  time  tf)  time.  The  Mayor,  or,  if  he  be  absent  from 
the  city  or  unable  to  act,  the  City  Clerk,  on  tlie  written 
request  of  four  Aldermen  and  two  Councilmen,  may  call 
special  meethigs  of  the  Common  Council,  and  the  Mayor 
may  call  special  meetings  of  either  board.  Each  board 
may  provide  by  nile  for  additional  modes  of  calling  its 
special  meetings.  Notice  of  sj)ecial  meetings  of  the  Com- 
mon Council  shall  be  given  by  delivering  personally  to 
each  Alderman  and  Councilman,  or  leaving  at  his  resi- 
dence, at  least  six  hours  before  .such  meeting,  a  written 
notice  thereof,  signed  by  the  person  calling  the  same. 
Notice  of  special  meetings  of  either  board  shall  be  given 
in  the  same  manner,  but  to  the  members  only  of  the 
board  which  is  to  meet. 

§  10.  Each  board  shall  be  the  judge  of  the  qualifica- 
tions of  its  members,  and  shall  determine  the  rules  of  its 
own  proceedings;  but  all  votes  in  the  Board  of  Council- 
men,  where  there  is  a  dissenting  vote,  and  all  votes  where 
more  than  a  majority  is  required,  in  the  Board  of  Alder- 
men, shall  be  taken  by  ayes  and  nays,  which  shall  be 
entered  on  the  journal.  Each  board  shall  keep  a  journal 
of  its  proceedings,  and  publish  the  same,  except  that  such 
parts  of  the  proceedings  of  the  Board  of  Councilmen  as 
merely  affirms  or  concurs  in  the  proceedings  of  the  Board 
of  Aldermen  need  not  be  published.  The  sitt  ngs  of  each 
board  shall  be  public.  Each  board  may  appoint  a 
sergeant-at-arms  and  such  doorkeepers  and  messengers 
as  it  may  find  necessary. 

§  11.  The  Common  Council  shall  provide  the  different 
departments  with  suitable  rooms  and  accommodations, 
where  they  are  not  othenvise  provided  for. 

§  12.  The  Common  Council  shall  designate  the  banks 
in  which  the  Treasurer  shall  deposit  the  money  of  the 
city,  and  require  from  each  bank  security  for  the  pay- 
ment thereof.  The  cashier  of  each  of  said  banks  shall, 
on  Monday  of  each  week,  report  in  wTiting  to  the  Comp- 


Title  II.]  REVISED    CITY    CHARTER.  27 

troller,  the  amount  on  deposit  to  the  credit  of  the  Treas- 
urer at  the  closing  of  the  bank  on  the  Saturday  preceding. 
It  shall  be  la^Yful  for  the  city  to  borrow  money  tempo- 
rarily, from  time  to  time,  as  occasion  requires,  in  antici- 
pation of  the  collection  of  taxes  and  resources,  from  the 
bank  depositories  so  designated,  upon  checks  signed  by 
the  Treasurer  and  countersigned  by  the  Comptroller, 
in  such  amounts  and  at  such  rates  of  interest  as  shall  be 
agreed  upon  in  the  annual  contracts  between  the  city 
and  said  depositories  or  any  supplemental  contracts  duly 
made  and  entered  into  between  such  parties.  Said 
depositories  are  hereby  authorized  to  loan  such  moneys 
according  to  such  agreements. ' 
Thus  amended  by  L.  1907,  c.  106. 

This  law  added  the  last  two  sentences,  giving  the  power  to 
borrow  money  for  short  periods  at   banks. 

§  13.  The  Common  Council  may,  by  a  vote  of  two- 
thirds  of  the  members  of  each  board,  authorize  the  Mayor 
to  offer  a  reward  for  the  apprehension  of  the  perpetrator 
of  crime  committed  within  the  city,  or  an  offender  against 
an  ordinance,  to  be  paid  upon  the  conv  ction  of  such 
per  on. 

§  14.  The  Common  Council  may  authorize  the  Comp- 
troller to  open  an  account  upon  the  books  of  his  office, 
to  be  called  the  local  redemption  fund.  The  Comp- 
troller shall,  from  time  to  time,  transfer  to  such  fund 
all  the  balances  to  the  credit  of  local  assessments  levied 
on  account  of  any  local  improvements  ordered  more  than 
six  years  previous  thereto,  and  may  draw  orders  on  such 
local  redemption  fund  for  the  payment  of  any  outstand- 
ing warrants  drawn  against  assessments  so  transferred, 
upon  the  surrender  and  concellation  of  such  outstanding 
warrants,  or  in  case  of  loss  or  destruction  thereof,  upon 
filing  a  bond  of  indemnity  to  the  city  therefor.  It  may 
also  empower  the  Comptroller  to  close  specified  accounts 
on  his  books  by  charging  the  same  to  the  profit  and  loss 
account.     Such  authority  shall  be  given  only  upon  his 


28  REVISKD    CITY    t'HAKTKR.  [Title  II. 

written  request,  specifying  the  account  and  the  reason 
for  such  action.  It  may  authorize  an  issue  of  bonds  to 
an  amount  not  exceeding  one  milhon  five  hundred  thou- 
sand dollars,  for  the  purpose  of  raising  money  to  take  up 
and  pay  all  outstantling  warrants  heretofore  issued  in 
payment  of  any  local  work  or  improvement.  Such  bonds 
shall  be  payable  at  such  time  or  times  as  the  Common 
Comicil  may  prescribe,  and  shall  bear  interest  not  to 
exceed  four  per  centum  per  annum.  All  moneys  realized 
on  account  of  local  assessments  or  from  sales  for  non- 
payment of  the  same,  or  from  redemption  or  assignment 
of  certificates  of  sales  therefor,  and  all  additions  to  and 
interest  upon  local  assessments  shall  be  paid  into  said 
local  redemption  fund,  and  such  moneys  when  so  realized 
shall  be  used  and  are  hereby  pledged  for  the  payment 
of  any  bonds  of  the  city  issued  for  the  purpose  of  re- 
^  deeming  warrants  and  of  raising  money  to  pay  for  any 
local  work  or  improvement  for  the  payment  of  which 
such  bonds  were  issued. 

Thus  amended  by  L.  1902,  c.  231,  Sec.  1. 

This  law  struck  out  a  provision  that  "all  premiums  realized 
upon  the  sale  of  bonds  of  the  city"  should  also  be  paid  into  this 
fvmd,  and  made  them  a  resource  of  the  general  fund.  See  Sec. 
68,  below. 


§  15.  The  Common  Council  shall  audit  all  claims 
against  the  city.  Unliquidated  claims  shall  be  filed  with 
the  City  Clerk,  and  shall  be  made  out  in  detail,  specify- 
ing, if  for  labor  or  services,  the  time  when,  the  place 
where,  by  whom  and  under  whose  direction,  and  by  what 
authority  performed;  if  for  merchandivSe,  material,  or 
other  articles  furnished,  the  items  thereof,  by  whom 
ordered,  and  when  and  to  whom  delivered,  and  shall  be 
certified  to  be  correct  by  the  head  of  the  department  for 
which  the  work  was  done  or  materials  furnished;  and  if 
for  damages,  for  wrong  or  injury,  when,  where,  and  how 
occasioned,  and  shall  be  accompanied  by  an  affidavit 
that  the  claim  and  the  items  and  specifications  thereof 


Title  II.]  REVISED    CITY    CHARTER.  29 

are  in  all  respects  just  and  correct,  and  that  no  payments 
have  been  made,  and  that  no  set-off  exists  except  those 
stated. 

§  16.  No  action  or  proceeding  to  recover  or  enforce 
any  claim  against  the  city  shall  be  brought  until  the  ex- 
piration of  forty  days  after  the  claim  shall  have  been  filed 
with  the  City  Clerk  for  presentation  to  the  Common 
Council  for  audit,  in  the  manner  and  form  aforesaid, 
and  no  action  shall  be  maintained  against  the  city  for  per- 
sonal injuiy,  unless  notice  of  intention  to  commence  such 
action  shall  have  been  filed  with  the  Corporation  Counsel 
within  six  months  after  such  cause  of  action  shall  have 
accrued.  Before  the  Common  Council  shall  audit  any 
claim  other  than  for  personal  injuries  or  injuries  to  prop- 
erty the  Board  of  Aldermen  shall  refer  it  to  the  auditor. 
If  the  claim  be  not  made  out  and  verified  as  above  re- 
quired the  Board  of  Aldermen  may,  within  thirty  days, 
after  its  presentation,  refuse  on  that  ground  to  audit  it. 
All  actions  brought  against  the  city  to  recover  damages 
for  personal  injuries  caused  by  neghgence  must  be  com- 
menced within  one  year  from  the  time  of  receiving  the 
injuries. 

§  17.  The  Common  Council  shall,  from  time  to  time, 
enact  ordmances: 

(1.)  To  fix  the  number  of  and  the  salaiy  or  compen- 
sation to  be  paid  to  the  several  officers  and  employees  of 
the  city  not  othei'wise  herein  fixed  or  provided  for,  and 
the  times  when  the  same  shall  be  paid.  Such  salary  or 
compensation  shall  be  fixed  in  the  case  of  elective  officers 
before  their  election  and  in  case  of  appointed  officers  be- 
fore their  appointment.  No  change  shall  be  made  in  the 
salary  or  compensation  of  any  officer  or  employee  during 
his  term  of  service,  and  no  extra  compensation  shall  be 
granted  to  any  such  officer  or  employee  or  to  any  con- 
tractor. 


30  Ki;VlSKD    CITY    CHARTER.  [Title  II. 

(2.)  To  prescribe  the  duties  of  all  officers  or  persons 
elected  or  appointed  under  this  act,  not  lierein  prescribed. 

(3.)  To  define  and  prevent  disorderly  conduct;  to 
prevent  all  disorderly  assemblages,  all  disturbing  noise, 
all  dmnkenness  in  public  places;  and  to  punish  vagrants, 
beggars,  annd  disonlerly  persons  as  defined  by  law. 

(4.)  To  preserve  and  protect  the  harbors,  canals, 
basins,  and  other  waters  of  the  city;  to  prevent  all  en- 
croachments, obstructions,  and  deposits  in  them;  to  pro- 
hibit or  regulate  bathing  or  swimming  in  any  waters  in 
the  city;  to  prevent  any  steam  vessel,  while  navigating 
waters  within  the  city,  from  using  wood  for  fuel;  to 
regulate  and  prescribe  the  mode  and  speed  of  vessels, 
boats,  and  floats  in  entering  and  leaving  them,  and  in 
coming  to,  laying  at,  or  departing  from  the  wharves  and 
piers,  and  the  disposition  of  the  sails,  yards,  anchors,  and 
appurtenances;  and  to  empower  the  harbor  master  to 
prescribe  and  regulate  the  location  therein  of  all  vessels, 
boats,  or  floats,  and  to  compel  them  to  change  their 
location. 

(5.)  To  prescribe  general  regulations  for  the  erection 
of  all  builduigs  in  the  city;  to  define  the  limits  within 
which  wooden  buildings  shall  not  be  erected,  placed,  or 
rebuilt,  and  the  manner  in,  and  the  materials  of  which 
all  buildhigs  shall  be  constructed  within  such  limits; 
also  to  define  outer  limits  in  which  wooden  buildings 
may  be  constructed,  placed,  or  rebuilt,  under  such  regula- 
tions as  may  be  imposed  by  ordinance,  special  permission 
from  the  Common  Council  being  required  therefor;  every 
building  erected  or  placed  contrary  to  any  ordinance 
passed  under  the  above  provisions  shall  be  deemed  a 
common  nuisance,  and  may  be  abated  as  such.  An 
application  for  special  permission  to  erect,  place,  or 
rebuild  any  building  within  the  outer  limits  contrary  to 
such  ordinances  shall,  before  being  acted  upon,  be  prop- 
erly referred  by  the  Board  of  Aldermen,  and  a  resolu- 
tion granting  such  permission  can  only  be  passed  at  a 


Title  II.]  REVISED    CITY    CHARTER.  31 

regular  meeting,  held  subsequent  to  such  reference,  and 
by  the  unanimous  vote  of  the  members  of  the  Common 
Council  present.  To  prevent  all  unsafe  construction  or 
condition  of  chimneys,  flues,  stoves,  pipes,  and  other 
things  used  for  fire  or  conducting  smoke;  to  compel  the 
cleaning  of  them,  and  to  regulate  their  construction  and 
condition;  to  prevent  the  deposit  of  ashes  in  unsafe  places 
and  receptacles;  to  regulate  the  use  of  hghts  in  buildings 
in  which  combustible  articles  may  be  deposited;  to  regu- 
late the  carrying  on  of  manufactories  liable  to  cause  fires, 
and  to  regulate  and  prevent  the  use  of  fireworks  and 
firearms  in  the  city;  to  prevent  bonfires  in  the  streets 
and  public  grounds;  to  compel  the  owners  and  occupants 
of  buildings  to  have  scuttles  in  the  roofs,  and  stairs  and 
ladders  leading  to  the  same,  and  to  require  fire-escapes 
to  be  placed  upon  buildings  when,  and  as  directed  by 
the  Department  of  Fire;  to  punish  the  willful  making 
of  a  false  alarm  of  fire,  or  ^A  illfully  calling  a  poHce  patrol 
wagon  without  cause;  and  to  prohibit  the  formation  of 
fire,  hose,  or  hook  and  ladder  companies. 

(6.)  To  license  and  regulate  cartmen,  porters,  owners 
and  drivers  of  all  vehicles  used  for  the  transportation  of 
passengers  or  property  for  hire,  and  to  fix  the  rates  of 
compensation  to  be  taken  by  them;  to  hcense  and  regu- 
late plumbers,  auctioneers,  butchers,  hawkers,  peddlers, 
junk  dealers,  pawnbrokers  and  the  business  of  pawn- 
brokerpge,  and  to  fix  the  rates  to  be  charged  by  pawn- 
brokers in  their  business;  to  regulate  the  running  at  large 
of  dogs,  and  to  hcense  the  s.ame;  to  prohibit,  hcense  or 
regulate  pubhc  billiard  rooms,  bov  Ung  alleys,  nmners  or 
solicitors  for  houses  of  entertainment,  railroads,  vessels 
and  vehicles,  and  the  exhibition  of  shows  of  every  kind, 
and  of  theatrical  representations;  to  prescribe  the  terms 
and  conditions  on  which  hcenses  shall  be  granted;  to 
impose  and  levy  a  tax  upon  the  owner  or  owners  of 
hackney  carriages,  sleighs,  cabs,  coupes,  private  carriages, 
barouches,   buggies,  wagons,   omnibuses,   carts,   drays, 


32  REVISED    CITY   CHARTER.  [Title  II. 

baggage  wagons,  autoniohilos,  motor  vehicles,  I)icycles, 
tricycles  and  similar  vehicles,  or  any  other  vehicle, 
the  privilege  of  operating,  driving  or  propeling  the  same 
along  or  upon  the  jiiiblic  streets,  avenues,  highways,  and 
other  public  ])laces  in  the  city  of  Buffalo;  to  fix  the 
amount  of  such  tax  and  to  prohibit  the  use  of  the  public 
streets,  highways,  avenues  or  other  public  places  of  the 
city  by  the  owner  or  owners,  or  driver  or  drivers,  of  any 
such  vehicle  in  the  event  of  any  tax  so  imposed  not  being 
paid,  and  to  fix  and  provide  such  penalty  or  penalties 
as  it  shall  deem  proper  for  a  violation  of  any  such  ordi- 
nances. 

Thus  amended  by  L.  1904,  c.  31. 

The  power  to  tax  carriages  and  all  that   follows  were  added 
by  this  amendment. 

(7.)  To  prohibit  or  regulate  the  use  of  locomotive 
engines,  and  of  steam,  and  to  regulate  other  motive 
power  and  speed  on  any  portion  of  any  railroad  within 
the  city;  to  require  any  railroad  company  to  keep  a  flag- 
man or  gates  at  each  railroad  crossing  of  a  public  street, 
to  provide  for  the  inspection  of  steam  engines  and  boilers 
used  in  the  city,  and  to  prohibit  the  use  of  unsafe  ones, 
and  to  prohibit  any  person  who  has  not  been  duly  li- 
censed under  such  regulations  as  the  Common  Council 
may  prescribe,  from  running  any  steam  engine,  station- 
ary^ or  otherwise,  in  the  city,  except  the  engineers  of  duly 
incorporated  steam  railroads  (while  engaged  in  operating 
or  running  the  locomotive  engines  of  said  railroads)  and 
engineers  duly  licensed  by  the  authorities  of  the  United 
States  (while  engaged  in  operating  or  running  engines 
upon  the  waters  under  the  jurisdiction  of  the  United 
States  or  of  the  State  of  New  York) ;  to  classify  such  engi- 
neers and  to  provide  for  the  appointment  by  the  Mayor 
of  such  inspector,  examiners  and  employes  as  may  be 
required  to  carry  out  such  ordinance.  (A  marine  engi- 
neer holding  a  United  States  license  shall,  on  presenting 
such  United  States  license  to  an  examiner  of  the  city  of 
Buffalo,  appointed  pursuant   to  the  provisions  of  this 


Title  II.]  REVISED    CITY    CHARTER.  33 

section,  be  given  an  examination,  and  if  found  qualified 
shall  be  given  a  stationary  engineer's  license  of  the  same 
relative  grade  as  the  United  States  license  that  the  appli- 
cant holds,  or  of  a  grade  sufficiently  high  to  allow  him  to 
operate  the  plant  that  he  was  operating  at  the  same  time 
that  this  act  goes  into  effect,  provided,  however,  that 
such  marine  engineer  shall  be  a  resident  of  the  city  of 
Buffalo  for  a  period  of  three  years  before  making  such 
application,  and  a  citizen  of  the  United  States.  Such 
examination  to  be  held  in  writing,  and  if  any  engineer  so 
examined  shall  be  dissatisfied  with  the  decision  of  the 
said  examiner  he  shall  have  the  right  to  appeal  to  the 
Mayor;  and  the  Mayor  shall  appoint  a  board  of  three 
disinterested  engineers,  which  may  be  composed  of  two 
chief  engineers  in  active  service  and  a  mechanical  engi- 
neer of  this  city  to  hear  and  determine  said  appeal ;  and 
in  case  the  person  appealing  be  a  marine  engineer,  one 
member  of  the  board  shall  be  a  man  holding  a  license  as 
a  chief  engineer  of  steam  vessels,  issued  by  the  United 
States,  operating  a  steam  plant  in  the  city  of  Buffalo) ; 
to  prohibit  or  regulate  the  keeping  and  conveying  of 
gunpowder  and  other  explosive  substances,  and  other 
dangerous  fluid  or  material,  and  to  provide  for  the  in- 
spection, forfeiture  and  destruction  of  the  same;  to 
require  that  the  telegraph,  telephone,  or  electric  light 
wires  or  cables,  or  other  appliances  for  conducting  elec- 
tricity and  the  poles  thereof  heretofore  erected  in  any 
street,  alley  or  public  ground,  be  removed  from  overhead 
in  the  street,  alley  or  public  ground  or  any  part  thereof 
within  reasonable  time,  not  less  than  six  months  after  the 
enactment  of  such  ordinance  and  a  comphance  of  such 
ordinance  in  respect  to  the  removal  of  poles,  wires, 
cables,  and  other  appliances  of  conducting  electricity 
from  the  streets,  alleys,  and  public  grounds,  may  be 
enforced  by  mandamus  by  any  court  of  competent  juris- 
diction upon  the  apphcation  of  the  city  as  relator.  Any 
company,  corporation  or  individual  may  place  its  wires 
and  electrical  conductors  in  conduits  under  the  surface 


34  REVISED    CITY    CHAKTKR.  [Tillc  II. 

of  the  streets,  alleys  or  public  grounds  in  such  manner 
as  to  not  unnecessarily  interfere  with  the  use  of  such 
streets,  or  alleys  or  public  grounds  for  local  improve- 
ments of  any  character,  or  with  the  sewers,  or  water  or 
gas  mains,  or  branches  thereof,  subject,  however,  to  such 
regulations  and  restrictions  as  the  Common  Council  may 
by  ordinance  make  or  impose  in  respect  thereto;  for  the 
benefit  of  the  public,  the  city  or  its  citizens,  provided, 
however,  that  nothing  herein  contained  shall  be  con- 
strued as  authorizing  the  Common  Council  to  require 
that  any  particular  patent  or  appliance  shall  be  used  in 
the  construction  of  the  conduits  hereinbefore  provided 
for.  And  any  company,  corporation  or  individual  so 
placing  its  wires  under  ground  in  any  street,  alley  or 
public  ground  of  said  city  shall,  upon  notice  from  the 
city  or  any  of  its  departments,  that  a  local  improvement 
or  sewer  or  water  main,  or  branch  thereof,  is  to  be  con- 
structed in  such  a  manner  as  will  necessitate  the  moving 
or  altering  of  the  conduit  or  conduits  of  said  individual, 
company  or  corporation,  move  or  alter  the  same  at  its 
own  expense  so  as  to  permit  the  construction  of  the  im- 
provement where  ordered,  and  should  any  person,  com- 
pany or  corporation  omit  to  comply  with  such  notice, 
the  conduit  or  conduits  may  be  altered  or  moved  by  the 
city  and  the  cost  and  expense  thereof  recovered  from 
such  individual,  company  or  corporation.  To  regulate 
the  erection  of  telegraph,  electric  light  or  telephone  poles, 
wires  and  cables,  and  other  electrical  conductors,  and  to 
require  that  such  wires,  cables  or  other  electrical  con- 
ductors be  placed  under  ground,  subject  to  such  restric- 
tions and  regulations  as  it  may  make  by  general  ordi- 
nance. But  nothing  in  this  section  contained  shall 
affect  any  grant  or  consent  heretofore  or  hereafter  made 
or  given  pursuant  to  general  laws,  as  to  any  matter  pro- 
vided for  in  and  by  such  grant  or  consent.  Any  inspector 
appointed  under  the  provisions  of  this  subdivision  shall 
be  a  practical  boilermaker,  and  shall  hold  office  for  three 
years,  unless  sooner  removed  for  cause. 


Title  II.]  REVISED    CITY    CHARTER.  35 

Thus  amended  by  L.  1899,  e.   557. 

Til  is  amendment  added  the  words  in  parentheses,  which  pro- 
vide that  railroad  engineers,  and  engineers  holding  a  U.  S.  license, 
who  had  previously  been  wholly  exempt  from  city  regulations, 
should  thereafter  be  exempt  only  "  while  engaged  in  operating  or 
running  the  locomotive  engines  of  said  railroads,"  or  "while  en- 
gaged in  operating  or  running  engines  upon  the  waters  under  the 
jurisdiction  of  the  United  States,  or  of  the  State  of  New  York."  The 
amendment  also  added  the  provision  for  examination  of  a  marine 
engineer  and  appeal  and  review  of  the  result  thereof. 

(8.)  To  prevent  and  abate  nuisances;  to  prohibit  or 
regulate  the  blowing  of  steam  whistles  and  the  ringing  of 
bells;  to  regulate  or  prohibit  pubhc  pumps,  wells,  hy- 
drants and  reservoirs,  and  the  use  of  them;  to  prevent 
the  waste  of  water;  to  require  the  use  of  water  meters; 
to  estabhsh  and  maintain  pubUc  baths;  to  establish  and 
regulate  pubhc  markets;  to  locate,  regulate  and  remove 
slaughterhouses,  butchers'  stalls,  fish  stands,  livery 
stables,  tanneries,  and  unw^holesome  or  noisome  build- 
ings or  places,  and  to  compel  the  cleaning  of  the  same 
whenever  necessary;  to  regulate  the  construction  of  pri- 
vate and  public  sewers,  sinks  and  privies,  and  the  sale  of 
meats,  fish,  and  vegetables;  to  prevent  the  sale  for  do- 
mestic use  of  ice  frozen  from  dirty  or  impure  water;  to 
prevent  the  adulteration  of  any  article  used  for  food  or 
drink,  and  provide  for  the  inspection  thereof;  to  locate 
and  regulate  dead-houses;  to  prescribe  limits  within 
which  there  shall  be  no  burials  or  incinerations  of  the 
dead;  to  purchase  and  maintain  burial  grounds;  to  regu- 
late burials,  incinerations,  and  funerals;  to  compel  the 
keeping  and  return  of  bills  of  mortahty,  births,  and 
marriages. 

(9.)  To  prevent  the  encroachment  upon,  projections 
over,  injury  to,  or  the  incumbering  of  streets,  alleys, 
wharves,  and  public  grounds;  to  light,  to  clean,  and  o 
water  them;  to  regulate  the  use  of  them,  and  to  declare 
in  what  manner,  and  for  what  purpose  they  shall  not  be 
used;  to  prohibit  the  running  at  large  of  horses,  cattle, 
swine,  sheep,  goats  and  geese,  or  the  pasturing  of  them 


36  KKNISED    CITY    CHAItTIMJ.  [Tillc  II. 

on  the  streets  or  public  grounds,  and  to  authorize  the 
distraining,  inipounchng,  and  sale  of  them  for  the  penalty 
and  cost  of  proceedings;  to  direct  and  to  regulate  the 
planting  and  pruning  of  trees  in  the  public  grounds  and 
streets,  and  to  ))rotect  them  from  injury;  to  compel  the 
owners  of  vacant  lands  to  fence  or  inclose  them;  to  com- 
pel and  regulate  the  numbering  of  buildings,  and  the 
naming  of  streets  and  alleys;  to  prevent  and  punish 
fraud  in  sales  by  weight  or  measure. 

(10.)  To  require  bonds  or  undertakings  to  be  given 
by  the  officers  of  the  city  and  their  deputies,  and  to  fix 
the  amount  thereof. 

(11.)  And  such  other  and  further  ordinances  not  in- 
consistent with  the  laws  of  the  state,  as  shall  be  deemed 
expedient  for  the  good  government  of  the  city,  the  pro- 
tection of  its  property,  the  preservation  of  peace  and  good 
order,  the  suppression  of  vice,  the  benefit  of  trade  and 
commerce,  the  preservation  of  health,  the  prevention  and 
extinguishment  of  fires,  the  exercise  of  its  corporate 
powers,  and  the  performance  of  its  corporate  duties.  In 
case  any  power  granted  to  the  Common  Council  is  also 
granted  in  whole  or  in  part  to  any  department  or  officer, 
such  department  or  officer  shall  alone  exercise  such 
power  to  the  extent  to  which  it  is  granted  to  such  de- 
partment or  officer. 

(12.)  The  ordinances  in  force  at  the  time  this  act 
takes  effect,  not  inconsistent  herewith,  shall  rcmahi  in 
force  until  rescinded  or  modified  by  the  Common  Council. 
Whenever  the  words  "Common  Council"  or  "Council" 
are  used  in  such  ordinances,  the  same  shall  mean  the 
Common  Council  created  by  this  act.  Except  that  the 
Common  Council  existing  at  the  time  of  the  passage  of 
this  act  shall  have  the  power  to  fix  salaries  as  provided 
in  subdivision  one  of  this  section. 

§  18.  Every  ordinance  and  resolution  of  the  Common 
Council,  except  resolutions  making  or  approving  appoint- 


Title  II.]  REVISED    CITY    CHARTER.  37 

merits  to  office  or  place,  designating  the  official  paper, 
canvassing  votes,  adopting  or  altering  Comptroller's 
estimates  under  section  seventy  of  this  act,  shall  be  pre- 
sented to  the  Mayor  before  it  shall  be  of  force.  If  he 
approves  it, he  shall  sign  it;  but  if  not,  he  shall  return  it, 
with  his  objections,  to  the  City  Clerk,  who  shall  lay  the 
same  before  the  Board  of  Aldermen  at  its  next  regular 
meeting  thereafter.  The  Board  of  Aldermen  shall  enter 
the  objections  upon  its  journal,  and  proceed  to  reconsider 
the  ordinance  or  resolution  objected  to.  If,  in  the  first 
instance,  the  ordinance  or  resolution  required  a  majority 
vote  to  pass  it,  and  if,  upon  such  reconsideration,  two- 
thirds  of  all  the  members  elected  to  the  Board  of  Alder- 
men shall  agree  to  pass  it,  or  if,  in  the  first  instance,  it 
required  a  two-thirds  vote  to  pass  it,  and  upon  such  re- 
consideration three-fourths  of  all  the  members  elected 
to  the  Board  of  Aldermen  shall  agree  to  pass  it,  it  shall 
be  presented  by  the  City  Clerk  to  the  Board  of  Council- 
men  at  its  next  meeting,  with  the  objections  of  the  Mayor, 
and  a  report  of  the  action  of  the  Board  of  Aldermen. 
The  Board  of  Councilmen  shall  reconsider  its  action, 
and  if  upon  such  reconsideration  the  ordinance  or  reso- 
lution shall  receive  a  two-thirds  vote  of  all  the  members 
elected  to  such  board,  in  case  it  originally  required  a 
majority  vote,  or  if  it  shall  receive  a  three-fourths  vote 
of  all  the  members  elected  to  such  board,  if  it  originally 
required  a  two-thirds  vote,  such  resolution  shall  be  of 
force.  If  any  ordinance  or  resolution  is  not  returned 
by  the  Mayor  disapproved  within  ten  days  after  its 
presentation  to  him,  it  shall  be  of  force.  It  shall  be 
sufficient  to  present  to  the  Mayor  a  transcript  of  all 
resolutions  for  the  mere  payment  of  money.  The  City 
Clerk  shall  make  a  certificate  of  the  time  when  an  ordi- 
nance or  resolution,  which  the  Mayor  has  neglected  for 
ten  days  to  approve  or  return,  was  presented  to  the 
Mayor,  which  certificate  shall  be  entered  upon  the  jour- 
nals of  the  Common  Council,  and  shall  be  presumptive 
evidence  of  the  facts  therein  stated. 


35351;; 


38  REVISED   CITY   CHARTER.  [Title  II. 

§  19.  Whenever  (he  owner  or  occupant  of  any  lands 
shall  omit  to  tlo  any  act  required  by  ordinance  to  be  done 
by  him  in  front  of  or  upon  such  lands,  the  city  may  cause 
such  act  to  be  done,  and,  in  addition  to  the  fine,  may  re- 
cover by  action,  of  such  owner  or  occupant,  the  cost  of 
doing  the  act,  or  may  assess  the  same  upon  such  lands. 

§  20.  A  fine  for  violating  any  ordinance  enacted  under 
the  authority  conferred  by  this  act  may  be  prescribed  in 
the  ordinance,  not  exceeding  two  hundred  and  fifty  dol- 
lars. The  ordinance  may  prescribe  that  the  hue  for  its 
violation  shall  not  be  less  nor  more  than  a  certain  sum; 
in  Avhich  case,  the  amount  of  penalty  shall,  w^ithin  said 
bounds,  be  fixed  by  the  court  or  officer  before  whom  the 
matter  shall  be  tried.  A  civil  action  may  be  maintained 
to  recover  a  fine  imposed  by  any  ordinance  enacted 
under  the  authority  conferred  by  this  act. 

§  21.  An  ordinance,  passed  under  subdivision  three 
of  section  seventeen  of  this  act,  may  provide  that  any  per^ 
son,  upon  conviction  of  a  violation  thereof,  shall  be  fined 
or  committed  to  the  Erie  County  penitentiary  for  such 
time  as  the  court  or  officer  before  whom  such  person  was 
convicted  shall  fix,  not  exceeding  six  months;  in  case  the 
person  convicted  of  such  violation  is  fined  and  does  not 
immediately  pay  such  fine,  he  may  be  committed  to  the 
Erie  County  penitentiary  for  the  term  of  one  day  for  each 
and  eveiy  dollar  of  said  fine  not  paid.  Such  ordinance 
may  authorize  the  arrest,  by  any  person,  without  process 
of  any  one  violating  or  attempting  to  violate  such  ordi- 
nance, in  the  presence  of  such  person. 

§  22.  All  ordinances  shall  be  published  in  the  official 
paper  daily  for  one  week.  An  ordinance  imposing  a 
penalty  shall  not  take  effect  until  ten  days  after  its  first 
publication  in  the  official  paper. 

§  23.  Actions  to  recover  fines  incurred  under  this  title 
or  the  ordinances  enacted  pursuant  to  it,  shall  be  brought 
in  the  name  of  the  city.     In  the  complaint  in  such  action 


Title  II.]  REVISED    CITY    CHARTER.  39 

it  shall  be  sufficient  to  allege,  generally,  that  the  defend- 
ant has  violated  the  provisions  of  said  title  or  ordinance, 
stating  the  provisions  thereof  of  which  a  breach  is  claimed 
and  the  amount  for  which  judgment  is  demanded.  The 
defendant  may  deny  that  he  is  guilty  and  give  in  evidence 
any  special  matter  under  such  denial. 

§  24.  If  the  action  be  brought  in  the  Municipal  Court 
of  Buffalo,  the  first  process  may  be  a  warrant  or  sum- 
mons. If  a  summons,  it  may  be  returnable  in  not  less 
than  one  nor  more  than  six  days,  and  shall  be  served  at 
least  one  day  before  the  time  of  appearance  mentioned 
therein, 

§  25.  Execution  upon  judgment  for  fine  may  issue 
immediately,  and  shall  command  the  officer  to  whom  it 
shall  be  directed  and  dehvered,  if  the  judgment  and  his 
fees  shall  not  be  immediately  paid,  to  take  the  body  of 
the  defendant  and  deliver  him  or  her,  with  a  copy  of  the 
execution,  to  the  keeper  of  the  Erie  County  penitentiary; 
and  said  keeper  shall  confine  such  defendant  m  said  peni- 
tentiary for  the  term  of  one  day  for  each  and  every  dollar 
unpaid  upon  said  judgment,  not  exceeding  six  months, 
except  in  cases  where  judgment  for  a  fine  or  penalty  is 
recovered  against  a  corporation,  in  which  case  an  execu- 
tion against  the  property  of  such  corporation  may  issue 
for  the  collection  of  the  amount  of  such  judgment  and 
costs. 

§  26.  When  an  ordinance  provides  that  a  person  con- 
victed of  breach  of  it  may  be  sentenced  to  confinement 
in  the  penitentiary,  the  person  charged  with  a  violation 
of  such  ordinance  shall  be  proceeded  against  in  the  way 
provided  by  law  for  proceeding  against  persons  charged 
with  the  commission  of  a  criminal  offense. 

§  27.  No  liability  for  the  breach  of  any  bond  or  under- 
taking required  by  this  act  shall  be  released.  Other 
liabilities  to  the  city  may  be  released  by  a  resolution  of 
the  Common  Council  passed  by  a  unanimous  vote  of  all 


40  rp:vised  city  charter.  [Title  II. 

tlie  members  elected  to  each  board  when  approved  by  the 
Mayor;  but  fines  and  penalties  incurred  under  this  title 
or  any  ordinance  may  be  released  or  remitted  by  a  reso- 
lution of  the  Common  Council  passed  by  a  vote  of  two- 
thirds  of  all  the  members  elected  to  each  board  when 
aj)i)roved  by  the  Mayor. 

§  28.  The  Common  Council,  by  a  vote  of  two-thirds 
of  all  the  members  elected  to  each  board,  may  permit  the 
track  of  any  steam  railroad  or  railroad  operated  by  any 
other  motive  power,  and  used  for  purposes  other  than  the 
transportation  of  passengers  only,  to  be  laid  in,  along  or 
across  any  street  or  public  ground,  except  parks  and  park 
approaches.  Nothing  in  this  section  shall  prevent  the 
Common  Council,  by  a  vote  of  two-thirds  of  all  the 
members  elected  to  each  board,  from  permitting  the  track 
of  a  street  railroad  used  solely  for  the  transportation  of 
passengers  wdthin  the  city,  to  be  laid  in,  along  or  across 
any  street  or  public  ground,  except  parks  or  park  ap- 
proaches, subject  to  the  provisions  of  any  law  then 
existing  in  relation  thereto. 

Thus  amended  })y  L.  1895,  c.  805,  Sec.  3. 

Tliis  ainciKliiicnt  struck  out  the  following  clause,  which  ap- 
peared at  the  end  of  the  first  s<!ntoncc  in  the  original  charter:  "but 
such  permission  shall  not  take  effect  until  the  just  compensation, 
to  which  the  city  sliall  be  legally  entitled,  shall  have  been  agreed 
upon  between  tlu;  Common  Council  and  the  railroad  company  and 
paid,  or  sliall  have  been  asctirtained  and  paid  in  the  manner  pro- 
vided i)y  (he  laws  of  the  state  regulating  the  condemnation  of  land 
by   railroad   companies." 

§  29.  The  city  shall  have  the  exclusive  power  to 
establish  ferries  and  tunnels  within  the  city,  and  may 
license  and  regulate,  or  prohil)it  those  now  established 
therein. 

§  30.  Whenever  any  buildhig,  fence  or  other  structure 
of  any  kind,  or  any  part  thereof,  is  hable  to  fall  down, 
and  endanger  persons  or  property,  the  Common  Council 
may  order  the  owner  of  tlie  building,  fence  or  structure, 
or  the  owner  or  occupant  of  the  premises  on  which  such 
building,  fence  or  other  structure  stands,  to  take  the 


Title  II.]  REVISED    CITY    CHARTER.  41 

same  down,  or  any  part  thereof,  within  such  time  as  it 
may  direct.  In  case  the  order  be  not  compUed  with,  it 
may  cause  the  removal  to  be  made,  and  the  expense  to 
be  assessed  on  the  land  on  which  the  structure  stood. 

§  31.  The  chairman  of  any  committee  of  either  of  the 
boards  composing  the  Common  Council,  shall  have  power 
to  issue  subpoenas  for  witnesses  to  appear,  or  to  produce 
books  and  papers  before  the  committee,  to  administer 
oaths  to  witnesses,  and  to  examine  them,  and  such  books 
and  papers.  If  any  person  duly  subpoenaed  as  a  witness 
should  not  appear,  or,  appearing,  shall  refuse  to  testify, 
or  to  produce  such  books  and  papers,  the  committee  may 
report  the  failure  of  the  witness  to  appear,  or  his  refusal 
to  testify,  or  to  produce  such  books  and  papers  to  the 
board  which  appointed  it.  The  said  board  may  there- 
upon report  such  offending  witness  to  any  court  of  record 
or  judge  thereof,  and  said  court  or  judge  may  make 
order  as  to  the  future  appearance  of  the  witness,  or  the 
production  of  such  books  and  papers,  and  punish  any 
failure  to  comply  therewith  as  a  contempt  of  court. 

§  32.  This  section,  providing  for  division  of  w^ards 
into  election  districts  and  for  appointment  of  inspectors 
of  election,  has  been  superseded  by  L.  1896,  c.  909 
(the  Election  Law^  and  L.  1904,  c.  394  (creating  the 
office  of  Commissioner  of  Elections  in  Eiie  County). 

Chapter  II. 

THE  CITY  CLERK. 

§  33.  On  the  fu'st  Monday  of  January,  of  each  even 
numbered  year,  or  as  soon  thereafter  as  practicable,  the 
Common  Council  shall  by  joint  ballot  in  joint  session  of 
both  boards,  a  quorum  of  each  board  being  present, 
elect  a  City  Clerk,  who  shall  be  the  Clerk  of  the  City,  and 
the  Clerk  of  the  Common  Council.     He  shall  hold  his 


42  REVISED    CITY   CHARTER.  [Tillc  II. 

office  until  his  successor  shall  be  appointed  and  has 
qualified. 

Thus  aiiieiuled  by  L.  1899,  c.  48. 

This  uiiU'iidmcnt  substituted  a  biennial  in  place  of  an  annual 
election  of  the  City  Clerk. 

§  34.  He  shall  appouit,  and  may  at  pleasure  remove, 
a  deputy  and  such  other  subordinates  as  may  be  allowed 
him  by  ordinance. 

§  35.  He  shall,  under  the  direction  of  each  board  com- 
posing the  Common  Council,  make  up  the  journal  of  the 
proceedhigs  of  each  board  resi)ectively,  and  shall  pub- 
lish the  same  in  the  official  paper  as  provided  in  section 
ten  of  this  act.  He  .shall  prepare  and  sign  all  warrants 
on  the  treasuiy,  and  keep  an  account  of  them  in  books 
kept  for  that  sole  purpose.  He  shall  countersign  all 
licenses  issued  by  the  Mayor,  and  keep  in  proper  books 
full  minutes  thereof.  No  such  license  shall  be  vahd  until 
countersigned  by  him. 

§  36.  He  shall  receive,  and  pay  over  weekly  to  the 
Treasurer  all  moneys  which  by  any  law  are  paid  to  the 
Clerk  of  the  city,  and  make  a  report  thereof  at  the  same 
time  mider  oath  to  the  Comptroller. 

§  37.  *Whenever  a  ward  is,  for  any  purpose,  to  be 
regarded  as  a  town,  the  City  Clerk  shall  be  deemed  to  be 
the  town  clerk  thereof. 

♦Superseded  by  L.  1895,  c.    369,  Sec.  2,  creating    the   office  of 
Commissioner  of  Jurors  in  Erie  County.     See  Sec.    137  below. 

§  38.  He  shall,  as  soon  as  practicable,  notify  in  writing 
every  officer  of  his  election  or  appointment,  and  of  the 
amount  of  his  official  bond  or  undertaking. 

§  39.  All  officers,  before  they  enter  upon  their  offices, 
shall  subscribe  and  take  the  oath  of  office  prescribed  by 
the  constitution,  and  file  the  same  with  the  bond  or 
undertaking  required  of  them  with  the  City  Clerk,  unless 
otherwise  prescribed  in  this  act.  If  any  officer  shall  neg- 
lect for  ten  days  after  such  notice  to  take  and  file  with 
the  City  Clerk  his  oath  of  office,  or  his  official  bond  or 
undertaking,  the  Common  Council  may  declare  the  office 
vacant. 


Title  III.]  REVISED    CITY    CHARTER.  43 

§  40.  The  City  Clerk  shall  report  all  officers  who  shall 
neglect  to  file  their  oath  of  office,  or  bond  or  undertaking, 
as  required  by  this  act  or  by  this  ordinance,  to  the  Board 
of  Aldermen  at  its  next  meeting  after  such  default. 

§  41.  The  City  Clerk  shall  make  and  sign  a  record,  in 
a  book  to  be  provided  for  that  purpose,  of  eveiy  ordi- 
nance enacted  by  the  Common  Council,  and  of  the  time 
of  its  first  publication;  and  such  record,  or  a  copy  there- 
of, authenticated  by  the  Mayor,  under  the  seal  of  the 
city,  shall  be  presumptive  evidence  of  the  due  passage 
of  such  ordinance,  of  the  due  pubhcation  thereof,  and  of 
the  time  of  the  first  publication.  Printed  books  of  the 
ordinances,  pubhshed,  or  purporting  to  have  been  pub- 
hshed,  by  the  order  of  the  Common  Council,  shall  be 
presumptive  evidence  of  such  ordinances;  and  that  they 
have  been  regularly  enacted  and  published,  as  required 
by  this  act,  prior  to  the  printing  of  them  in  such  book. 

§  42.  The  City  Clerk  shall  keep  the  records  of  all 
streets  and  alleys  now  or  hereafter  established  in  the  city. 
The  copies  of  the  records  of  certain  streets,  roads  and 
highways  of  the  city,  which  were  formerly  in  the  town 
of  Buffalo,  and  which  have  been  entered  in  a  book  of 
record  of  said  city,  and  verified  by  the  oath  of  Henry 
Lovejoy,  surveyor,  shall  have  the  same  force  in  evidence 
as  the  original.  A  certified  copy  of  any  record  of  any 
street  or  alley  shall  be  presumptive  evidence  of  the 
existence  of  the  street  or  alley. 


TITLE  III. 
The  Executive  Department. 
Chapter  I. 

THE   CITY  OFFICERS, 

§  43.     The  executive  and  administrative  powers  of  the 
city  shall  be  vested  in  the  Mayor,  the  heads  of  depart- 


44  IIKVI.SKD    CITY    CHARTER.  [Title  III. 

nients  licrcinaftcr  named,  and  such  other  officers  as  shall, 
from  time  to  time,  be  created  by  law  or  elected  or  ap- 
pointed by  virtue  of  this  act. 

§  44.     There  shall  be  the  following  departments: 
(1.)  Department  of  Finance, 
(2.)  Department  of  Assessment. 
(3.)  Department  of  Law. 
(4.)  Department  of  PoUce  (and  excise*). 
(5.)  Department  of  Health. 
(6.)  Department  of  Fire. 
(7.)  Department  of  Public  Works. 
(8.)  Department  of  Parks. 
(9.)  Department  of  Public  Instruction. 
(10.)  Department  of  Poor, 
*Superseded  by  L.  1896,  c.  112,  the  Liquor  Tax  Law. 

§  45.  The  Mayor,  Comptroller,  Corporation  Counsel, 
Treasurer,  Assessors,  Commissioner  of  Public  Works, 
Judges  of  the  Municipal  Court,  Superintendent  of  Edu- 
cation, Police  Justice,  Justice  of  the  Peace  and  Overseer 
of  the  Poor  shall  be  elected,  and  all  other  officers  shall  be 
a])pointed  as  herein  provided. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  1. 

The  amendment  .struck  out  the  word  "one"  before  Commis- 
sioner of  Public  Works:  previously  one  Commissioner  was  elected 
and   two   were   appointed. 

§  46.  No  person  shall  be  eligible  to  any  city  office 
unless  he  be  an  elector  of  the  city,  except  as  hereafter 
expressly  jjrovided.  Treasurers  shall  be  ineligible  for 
reelection  for  the  next  term  after  the  termination  of 
their  offices. 

Thus  amended  by  L.  1902,  c.  23. 

The  amendment  added  the  last  sentence,  making  Treasurers 
ineligible   for  reelection. 

§  47.  The  Mayor,  Comptroller,  Corporation  Counsel, 
Treasurer,  Superintendent  of  Education,  Commissioner 
of  Public  Works,  Overseer  of  the  Poor,  Police  Justice 


Title  III.]  REVISED    CITY    CHARTER.  45 

and  Justices  of  the  Peace,  shall  each  hold  office  for  the 
term  of  four  years,  and  the  Assessors  and  Judges  of  the 
Municipal  Court  for  the  term  of  six  years,  except  as 
provided  in  sections  two  hundred  and  seventy-one  and 
three  hundred  and  sixty-nine  of  this  act  as  amended. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  4,  and  L.  1901, 
c.  228,  Sec.  2. 

The  terms  of  Mayor,  Comptroller,  Corporation  Counsel,  Treas- 
urer, Superintendent  of  Education,  Commissioners  of  Public  Works, 
and  Overseer  of  the  Poor  were  changed  from  three  to  four  years, 
and  the  terms  of  the  Assessors  from  five  to  six  years,  in  1895.  The 
amendment  of  1901  provided  for  one  Commissioner  of  Public  Works, 
instead  of  three. 

§  48.  The  Comptroller,  Treasurer,  Superintendent  of 
Education,  Pohce  Justice,  Justices  of  the  Peace,  Over- 
seer of  the  Poor,  Corporation  Counsel,  and  Commissioner 
of  Public  Works,  shall  execute  and  file  with  the  City 
Clerk  a  bond  or  undertaking  to  the  city  with  sureties  in 
such  sum  as  shall  be  fixed  by  ordmance,  conditioned  for 
the  faithful  performance  of  the  duties  of  their  respective 
offices,  and  for  the  accounting  for  and  payment  to  the 
city  of  all  moneys  belonging  to  the  city  received  by  them, 
and  shall,  when  required  by  the  Common  Council,  exe- 
cute and  file  a  new  bond  or  undertaking.  All  other  offi- 
cers and  persons  elected  or  appointed  by  the  authority 
of  this  act  may,  by  ordinance,  be  required  to  give  a  like 
bond  or  undertaking.  The  bond  or  undertaking  of  the 
Comptroller  shall  contain  the  further  condition  that  he 
will  pay  over  to  the  persons  entitled  to  it,  the  money 
paid  to  him  to  redeem  lands  sold  for  taxes  and  assess- 
ments. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  3. 

The  only  change  by  this  law  was  mentioning  one  Commissioner 
of  Public  ^^'orks,  instead  of  three. 

Chapter  II. 

§  49.  The  Mayor.— The  Mayor  shall  be  the  chief 
executive  officer  of  the  city,  and  shall  maintain  peace  and 
good  order,  and  enforce  the  laws  therein.     He  shall  see 


46  RKVISED    CITY    CHAinllR.  [Title  III. 

tliat  the  duties  of  the  various  city  officers  are  faithfully 
performed.  He  shall  have  power  to  investigate  their 
acts,  have  access  to  all  books  and  documents  in  their 
offices,  and  may  examine  them  and  their  subordinates  on 
oath.  He  shall  have  power  to  issue  subpoenas  for  wit- 
nesses to  appear  before  him,  and  testify  upon  such  inves- 
tigation, and  to  produce  before  him  books  and  papers, 
and  may  administer  oaths  to  such  witnesses  and  examine 
them,  and  the  books  and  papers  produced  by  them.  If 
any  such  officer  or  his  subordinates,  or  any  such  wit- 
nesses shall  refuse  to  appear  or  to  produce  such  books 
or  papers,  or  appearing  shall  refuse  to  testify,  the  Mayor 
may  report  such  refusal  to  any  court  of  record,  of  a  judge 
thereof,  and  such  court  or  judge  may  make  an  order  for 
the  future  appearance  of  such  person,  or  the  production 
before  the  Mayor  of  such  books  and  papers,  and  punish 
and  disobedience  of  such  order  as  a  contempt  of  court. 
The  evidence  given  by  persons  so  examined  shall  not  be 
used  against  them  in  any  criminal  proceedings.  He  shall 
have. power  to  suspend  or  remove  any  officer,  except 
officers  whose  removal  is  otherwise  provided  for  by  law, 
whether  elected  or  appointed,  for  misconduct  in  office  or 
neglect  of  duty.  The  grounds  for  such  suspension  or 
removal  shall  be  stated  hi  the  order  therefor,  and  no  re- 
moval shall  be  made  without  reasonable  notice  to  the 
officer  complained  of,  and  an  opportunity  given  him  to  be 
heard  in  his  defense. 

§  50.  He  shall  have  the  custody  of  the  seal  of  the  city 
and  shall  authenticate  the  acts  of  the  Common  Council, 
and  all  instruments  and  papers  authorized  so  to  be 
authenticated. 

§  51.  He  may  appoint,  and  at  pleasure  remove,  a  sec- 
retaiy  and  a  license  clerk,  and  such  other  subordinates 
as  may  be  authorized  by  ordinance.  A  policeman  shall 
be  detailed  to  attend  him  and  execute  his  orders. 

§  52.  He  shall,  except  as  otherwise  herein  provided, 
issue  all  licenses  authorized  by  the  ordinances  of  the  city. 


Title  III.]  REVISED    CITY    CHARTER.  47 

All  moneys  and  sums  fixed  for  issuing  licenses  shall  be 
paid  to  the  Treasurer  of  the  city,  and  no  license  shall  be 
delivered  to  any  person  until  due  proof  is  made  to  the 
Mayor  that  such  money  or  sums  as  is  fixed  for  the  issuing 
thereof  has  been  paid  to  the  Treasurer  of  the  city.  The 
Mayor  shall  make  a  weekly  report  to  the  Comptroller  of 
the  hcenses  issued  by  him.  The  Mayor  may,  upon 
reasonable  notice  to  the  person  complained  of,  hear  any 
complaint  against  any  person  to  whom  he  has  issued  a 
license,  and  may  issue  subpoenas  and  compel  the  attend- 
ance of  witnesses  to  testify  on  such  hearing,  and  may 
annul  such  Hcense  or  suspend  it.  He  shall  file  a  copy 
of  his  determination  with  the  City  Clerk  within  twenty- 
four  hours  after  it  is  made. 

Thus  amended  by  L.  1902,  c.  586. 

Prior  to  this  amendment  fees  for  licenses  were  paid  to  tiie 
Mayor,  who  paid  his  receipts  to  the  Treasurer  weekly,  at  the  same 
time  reporting  to  the  Comptroller. 

§  53.  He  shall  perform  such  other  executive  duties  as 
may  be  by  ordinance  or  provisions  of  law  devolved  upon 
him,  and  shall  recommend  to  the  Common  Council  such 
measures  as  he  may  think  expedient.  He  shall  appoint 
all  officers,  agents,  and  servants  whose  election  or  ap- 
pointment is  not  in  this  act  otherwise  definitely  pre- 
scribed. 

§  54.  If  the  Mayor  shall  be  unable  to  perform  the 
duties  of  his  office  in  consequence  of  sickness  or  tempo- 
rary absence  from  the  city,  he  may  designate  an  Alder- 
man or  Councilman  to  act  in  his  place;  if  he  shall  be  so  in- 
capacitated for  more  than  ten  days,  without  making  such 
designation,  the  Board  of  Aldermen  may  do  so.  The 
person  so  designated  shall  perform  the  duties  of  the 
Mayor  until  the  Mayor  shall  resume  them.  An  Alder- 
man or  Councilman  while  performing  such  duties  shall  not 
act  as  a  member  of  the  Common  Council. 

§  55.  Nothing  in  this  act  contained  shall  be  deemed 
to  affect  or  limit  the  application  to  the  city  of  Buffalo  of 


48  HKVISKD    CITY    CHAUTKlt.  [Title  IV. 

the  provisions  of  chapter  four  huiulred  and  ten  of  the  laws 
of  cighttrn  luindrecl  and  eighty-four,  entitled  "An  act  to 
amend  chapter  three  hundred  and  fifty-four  of  the  laws 
of  eighteen  hundred  and  eighty-three,  entitled  'An  act 
to  regulate  and  improve  the  civil  service  of  the  State  of 
New  York,  and  the  acts  aniendatoiy  thereof  and  supple- 
mentaiy  thereto,'  "  or  any  other  general  laws  pertaining 
to  the  civil  service.  All  expenses  of  executing  said  laws 
shall  be  deemed  expenses  of  the  Mayor's  department, 
and  a  sufficient  sum  therefor  shall  be  included  in  the 
annual  estimates. 


TITLE  IV. 
Chapter  I. 

DEPARTMENT   OF   FINANCE. 


§  56.  There  shall  be  a  department  of  finance  consist- 
hig  of  two  offices,  viz. ;  the  Comptroller's  office,  of  which 
the  Comptroller  shall  be  the  head,  and  the  Treasurer's 
office,  of  which  the  Treasurer  shall  be  the  head. 

§  57.  Comptroller  and  Treasurer. — The  Comp- 
troller shall  superintend  the  fiscal  concerns  of  the  city, 
and  manage  the  same  pursuant  to  law  and  the  ordinances 
of  the  city,  and  shall  be  its  chief  fiscal  officer.  He  shall 
keep  an  account  of  all  warrants  drawn  on  the  treasury, 
and  countersigned  by  him,  in  a  book  to  be  kept  for  that 
purpose.  He  shall  keep  full  and  accurate  books  of  ac- 
count, and  shall  countersign  all  receipts  given  by  the 
Treasurer,  and  charge  the  Treasurer  with  the  amount 
thereof.  When  money  is  paid  to  him  to  redeem  lands 
sold  for  taxes  and  assessments,  he  shall,  when  the  cer- 
tificate of  sale  belongs  to  the  city,  pay  the  same  into  the 
treasury.  He  shall  daily  pay  to  the  Treasurer  all  moneys 
received  by  him  belonging  to  the  city.  He  shall  deposit 
all  money  so  paid  to  him,  when  the  certificate  of  sale 


Title  IV.]  REVISED    CITY   CHARTER.  49 

does  not  belong  to  the  city,  in  one  of  the  savings  banks 
of  the  city,  or  in  any  of  the  banks  in  which  moneys  of 
the  city  are  deposited,  in  trust  for  those  holding  such 
certificates.  He  shall  pay  over  to  his  successor  in  office 
all  moneys  remaining  in  his  hands,  or  under  his  control 
drawn  from  the  city  treasury  to  pay  interest  on  or  prin- 
cipal of  the  loans  of  the  city,  and  all  moneys  received  by 
him  as  Comptroller  for  any  other  purpose  whatever. 
Thus  amended  by  L.  1895,  c.  805,  Sec.  5. 

This  amendment  made  banks  of  city  deposit  equally  eligible 
with  savings  banks  to  receive  deposits  of  money  in  trust  for  holders 
of  certificates  of  tax  sales. 

§  58.  The  Comptroller,  by  and  with  the  advice  and 
consent  of  the  Common  Council,  shall  appoint  an  Audi- 
tor, who  shall  have  power,  and  it  shall  be  his  duty  to  ex- 
amine and  report  upon  all  accounts  or  claims  against  the 
city  for  work,  labor,  services,  merchandise  or  material 
furnished  the  city,  before  the  same  shall  be  audited  and 
ordered  paid  by  the  Common  Council.  He  shall  ascer- 
tain, before  reporting  upon  any  such  accounts  or  claims, 
that  the  work,  labor,  services,  merchandise  or  material 
charged  for  in  such  account  or  claim  have  been  actually 
furnished  to  and  received  by  the  city;  that  the  prices 
charged  are  in  accordance  with  the  contract  or  agree- 
ment therefor,  and  that  such  prices  are  reasonable  and 
just,  and  shall  make  a  certificate  to  that  effect  upon  each 
and  every  such  account  or  claim.  The  Common  Council 
shall  not  audit  nor  order  paid  any  such  account  or  claim 
against  the  city,  unless  the  same  shall  have  been  so  ex- 
amined, certified,  and  reported  upon  by  the  Auditor. 
The  Auditor  shall  have  power  and  authority  to  issue  sub- 
poenas to  compel  the  attendance  of  witnesses  and  the 
production  of  books  and  papers  upon  the  examination 
before  him  of  any  account  or  claim  against  the  city,  and 
is  authorized  and  empowered  to  administer  oaths  and 
affirmations  to  any  person  summoned  and  appearing  on 
any  such  examination.  Any  willful  and  corioipt  false 
swearing  by  any  witness  or  person  to  any  material  fact 


50  REVISED    CITY   CHARTER.  [Titic  IV. 

on  such  examination  shall  be  deemed  perjury,  and  be 
punished  in  the  manner  now  prescribed  by  law  for  that 
offense;  in  case  any  person  shall  fail  or  refuse  to  obey  such 
subpoena,  or  refuse  to  take,  when  required,  the  proper 
oath  or  affirmation,  or  to  produce  such  books  and  papers, 
or  shall  refuse  to  answer  any  proper  question,  the  Auditor 
may  apply  to  a  judge  or  justice  of  any  court  of  record 
within  said  city  for  a  subpoena  to  compel  the  attendance 
of  such  person,  or  the  production  of  such  books  and 
papers  before  a  judge  or  justice  of  said  court  to  be  ex- 
amined respecting  such  account  or  claim.  Thereupon 
the  judge  or  justice  shall  direct  the  issue  of  a  subpoena. 
The  person  so  subpoenaed  shall  be  examined  before  such 
judge  or  justice.  Any  person  refusing  or  failing  to  ap- 
pear and  testify,  or  to  produce  such  books  and  papers 
upon  such  examination  when  duly  subpoenaed  shall  be 
deemed  guilty  of  a  contempt  of  court  and  punished 
accordingly.  Persons  so  subpoenaed  shall  be  entitled  to 
the  fees  now  allowed  by  law  to  witnesses  in  actions,  but 
no  claimant  shall  be  entitled  to  any  fees.  The  auditor 
shall  keep  books  in  which  shall  be  entered  all  accounts 
and  claims  against  the  city  presented  to  him  for  audit, 
together  with  a  note  of  the  action  taken  by  him  on  each; 
he  shall  have  authority  to  employ  one  clerk,  and  as  many 
more  as  shall  be  from  time  to  time  authorized  by  the 
Common  Council. 

^  §  59.  The  Treasurer  shall  receive  all  money  belonging 
to  the  city,  and  keep  an  accurate  account  of  all  receipts 
and  expenditures.  He  shall  daily  deposit  all  money  re- 
ceived by  him  in  the  banks  designated  by  the  Common 
Council,  subject  to  his  own  check  when  the  same  shall  be 
countersigned  by  the  Comptroller.  He  shall  not  check 
out  any  money  so  deposited,  except  to  satisfy  a  w^arrant 
upon  the  trcasuiy,  or  to  transfer  it,  on  the  direction  of 
the  Common  Council,  to  another  deposit  bank.  He 
shall  render  a  weekly  statement  in  detail,  under  oath,  to 
the  Comptroller  of  the  money  received  and  disbursed  by 


Title  IV.]  REVISED    CITY   CHARTER.  51 

him,  specifying  the  funds  on  account  of  which,  and  the 
sources  from  which  received,  and  the  accounts  for  which 
such  disbursements  were  made. 

§  60.  Money  shall  be  drawn  from  the  treasury  only 
upon  warrants  authorized  by  the  Common  Council,  and 
signed  by  the  Mayor  and  City  Clerk,  and  countersigned 
by  the  Comptroller;  each  warrant  shall  specify  the  pur- 
pose for  which  it  is  drawn,  and  the  fund  out  of  which  it 
is  payable. 

§  61.  The  Treasurer,  when  he  pays  a  warrant  on  the 
treasury,  shall  cancel  it,  and  it  shall  not  be  reissued.  A 
violation  of  this  section  shall  be  a  misdemeanor. 

§  62.  He  shall,  upon  the  presentation  of  a  warrant  on 
the  treasury  to  him  for  payment,  pay  it,  if  there  be  suffi- 
cient funds  in  the  treasury  to  the  credit  of  the  fund  out 
of  which  it  is  payable.  He  shall  prepare  and  sign  a  re- 
ceipt for  any  money  paid  into  the  treasury.  He  shall 
procure  such  receipt  to  be  comitersigned  by  the  Comp- 
troller, before  he  shall  dehver  it  to  the  person  entitled  to 
receive  it. 

§  63.  The  Treasurer,  upon  conviction  of  having  lent, 
or  deposited  in  a  bank  not  designated  by  the  Common 
Council,  or  unlawfully  appropriated  to  his  own  use,  any 
money  of  the  city  received  by  him,  shall  be  deemed 
guilty  of  larceny. 

§  64.  No  one  but  the  Treasurer  shall  receive  any 
money  for  the  city,  except  fines  and  judgments  recovered, 
unless  authorized  by  this  act  or  by  special  resolution  of 
the  Common  Council. 


Chapter  II. 

§  65.     General  Fund. — The  fiscal  -year  shall  begin 
on  the  first  day  of  July. 


52  REVISED    CITY    CHARTER.  [Title  IV. 

§  66.  The  Comptroller  shall,  on  or  before  the  first  day 
of  October  in  each  year,  present  to  the  Conimon  Council 
a  detailed  statement  of  the  financial  condition  of  the  city. 
In  such  statement  the  available  resources  of  the  city  and 
its  liabilities  falling  due  within  the  next  fiscal  year  shall 
be  separately  stated.  It  shall  show  the  receipts  and  ex- 
penditures of  the  preceding  3'ear,  and  the  condition  of 
the  general  and  local  funds. 

Thus  amended  by  L.  1894,  c.  289,  Sec.  1. 

This  amoudmcnt  changed  the  da^e  of  the  annual  statement 
from  April  first  to  October  first. 

§  67.  The  heads  of  the  different  departments  and  such 
officers  as  the  Comptroller  may  request,  shall  on  or  be- 
fore the  first  day  of  February  deliver  to  the  Comptroller 
a  full  and  detailed  estimate  of  the  expenses,  and  the 
amount  of  money  required  in  their  respective  depart- 
ments and  offices  for  the  next  fiscal  year. 

§  68.  The  Comptroller,  on  or  before  the  first  day  of 
March  in  each  year,  shall  also  present  to  the  Board  of 
Aldermen  an  estimate  of  the  amount  necessary  to  be 
raised  by  general  tax  to  carry  on  the  City  Government, 
and  to  meet  all  the  expenses  and  lial)ilities  of  the  city  for 
the  next  fiscal  year,  specifying  in  detail,  and  under  sepa- 
rate and  appropriate  heads,  the  amount  estimated  for 
each  department,  or  each  office,  or  other  purpose.  In 
such  estimate  shall  be  included  at  least  one  hundred 
thousand  dollars  of  the  principal  and  the  interest  of  the 
bonded  debt  of  the  city,  due  or  to  fall  due  within  the  next 
fiscal  3'ear.  The  Comptroller  is  hereby  permitted  and 
directed  to  credit,  apply,  and  use  all  })remium  moneys 
heretofore  realized  upon  the  sale  of  bonds  now  credited 
to  the  local  redemption  fund  of  said  city,  as  a  resource 
of  the  city  in  the  annual  estimates  of  the  city.  Here- 
after all  premiums  realized  upon  the  sale  of  bonds  shall 
be  used  and  applied  as  a  resource  of  the  city  in  the  annual 
estimates. 

Thus  amended  by  L.  1902,  c.  231,  Sec.  2. 


Title  7T\]  REVISED  city  charter.  53 

This  amendment  made  premiums  on  sales  of  bonds  a  resource 
of  the  general  fund;  such  premiums  having  previously  gone  into 
the  local  redemption  fund.     See  Section  14,  above. 

§  69.  Such  estimate  shall  be  entered  at  large  upon 
the  journal. 

§  70.  After  the  expiration  of  one  week  from  the  pre- 
sentation of  such  estimate,  the  Board  of  Aldermen  shall 
proceed  to  consider  the  same,  and  by  a  vote  of  two-thirds 
of  all  the  members  elected,  ma}'  alter  or  amend  the  same; 
and  shall,  on  or  before  the  24th  day  of  March,  finally  pass 
upon  it,  and  at  once  report  its  action  to  the  Board  of 
Councilmen,  which  shall  pass  thereon  on  or  before  the 
15th  day  of  April,  and  may  alter  or  amend  the  same  by 
a  vote  of  two-thirds  of  all  its  members  elected.  The 
estimate  of  the  Comptroller  shall  stand  as  to  all  items 
not  altered  or  amended  by  both  boards,  or  disapproved 
or  stricken  out,  or  reduced  by  the  Mayor  as  hereinafter 
provided,  before  May  first.  The  estimate,  as  made  by 
the  Comptroller,  or  as  altered  or  amended  by  the  Common 
Council,  may  be  adopted  by  a  majority  vote  of  each 
board,  and  if  altered  or  amended,  shall,  upon  its  adop- 
tion, be  entered  at  large  upon  the  journal  of  each  board. 
Upon  the  adoption  of  such  estimate  by  the  Common 
Council  the  same  shall  be  forthwith  transmitted  to  the 
Mayor,  who  may  at  any  time  before  May  1st  disapprove, 
strike  out,  or  reduce  any  item  of  such  estimate;  but  the 
sum  of  one  hundred  thousand  dollars,  to  be  applied  to 
the  payment  of  the  principal  of  the  bonded  debt  of  the 
city,  and  to  no  other  purpose,  shall  be  included  in  such 
estimate  as  adopted  by  the  Common  Council,  and  this 
item  shall  not  be  disapproved  or  stricken  out,  or  reduced 
by  the  Mayor. 

Thus  amended  by  L.  1903,  c.  61, 

This  amendment  shortened  the  time  for  consideration  of  the 
estimates  by  the  Common  Council  and  gave  the  Mayor  power  to 
strike  out  or  reduce   items. 

§  71.  The  sum  total  of  the  adopted  estimate  shall  be 
raised  by  general  tax. 


54  REVISED    CITY    CITARTER.  [Ti'tlc  IV. 

§  72.  In  such  estimate  may  be  included  a  sum  not 
exceeding  five  tliousand  dollars  for  the  celebration  of  the 
Fourth  of  July,  the  reception  of  distinguished  persons, 
and  for  the  purpose  of  providing  for  the  due  and  proper 
observance  of  Memorial  Day. 

Thus  amended  by  L.   1903,  c.  355. 

Tills  luiiondmcnt  added  provi.sioii  for  Memorial  Day. 

§  73.  The  expenditures  for  each  department,  office 
or  other  purpose  during  the  fiscal  year,  shall  be  kept 
within  the  estimate  made  for  it,  except  that  in  cases 
where  the  Mayor,  Comptroller,  and  Treasurer  shall  cer- 
tify in  writing  that  a  greater  amount  than  provided  for 
in  the  estimates  is  necessaiy  in  any  department  of  the 
city,  the  expenditures  in  any  such  department  may  be 
increased  by  the  amount  so  certified  by  a  two-thirds  vote 
of  the  members  elected  to  each  board  composing  the 
Common  Council,  which  vote  shall  be  taken  by  calling 
the  yeas  and  nays,  and  shall  be  entered  upon  the  journals 
of  the  Common  Council.  The  amount  of  such  increased 
expenditures  shall  be  included  in  the  estimate  for  the 
ensuing  year,  as  adopted  by  the  Common  Council,  and 
may  be  temporarily  borrowed  on  city  certificates  of  in- 
debtedness or  met  by  the  issue  of  bonds  payable  on  the 
first  day  of  July  of  the  fiscal  year  next  succeeding  their 
issue.  (Provided,  however,  that  if  any  amount  is  raised 
to  meet  an  increased  expenditure  in  any  department, 
office,  or  for  other  purpose,  after  the  estimate  for  the 
fiscal  year  has  been  submitted  by  the  Comptroller  to  the 
Common  Council,  the  amount  of  such  increased  expen- 
diture shall  be  included  in  the  estimate  to  be  submitted 
by  the  Comptroller  to  the  Common  Council  in  the  next 
year,  and  the  certificates  of  indebtedness  or  bonds  issued 
to  temporarily  borrow  the  amount  of  such  last-mentioned 
increased  expenditure,  shall  be  payable  on  the  first  day 
of  July  of  the  fiscal  year  for  which  such  last-mentioned 
estimate  shall  be  submitted  to  the  Common  Council.) 
No  contract  shall  be  authorized  by  the  Common  Council, 


Title  IV. ]  REVISED    CITY    CHARTER.  55 

creating  a  liability  to  be  paid  out  of  the  general  fund, 
unless  a  majority  of  the  members  elected  to  each  board 
composing  the  Common  Council  shall  vote  in  favor  there- 
of, which  vote  shall  be  taken  by  calling  the  yeas  and 
nays,  and  shall  be  entered  upon  the  journals  of  the  Com- 
mon Council.  For  the  purposes  of  this  section,  each 
department,  office,  or  other  purpose,  shall  be  credited 
with  the  amount  included  in  the  estimate  for  it;  and  it 
shall  be  debited  with  the  salaries,  and  the  certain  and 
fixed  sums  to  be  paid  out  of  it;  and  the  other  expendi- 
tures shall  not  exceed  the  balance  remaining  of  the  esti- 
mate. Contracts  made  in  any  form  or  manner,  for  an 
amount  exceeding  such  balance,  except  contracts  for  the 
expenditures  in  excess  of  the  estimates  authorized  here- 
by, shall  not  be  binding  on  the  city  beyond  such  balance, 
and  the  excess  may  be  recovered  of  the  members  of  the 
Common  Council,  jointly  or  severally,  who  voted  in  favor 
thereof.  When  liabilities  to  the  amount  of  such  balance 
shall  have  been  created,  all  contracts,  made  in  any  form 
or  manner,  for  further  expenditures  or  liabihties,  shall 
not  be  binding  on  the  city,  but  may  be  enforced  against 
the  members  of  the  Common  Council,  jointly  or  severally, 
who  voted  therefor.  If  the  Treasurer  shall  pay  a  warrant 
on  the  treasury,  drawn  in  violation  of  this  section,  he 
shall  not  be  credited  with  the  amount  paid  upon  such 
warrant. 

Thus  amended  by  L.  1903,  c.  171. 

This  amendment  added  tlie  words  in  parentheses. 

§  74.  This  section  is  omitted  because  of  its  temporary 
character.  It  made  special  provision  for  changing  the 
beginning  of  the  city's  fiscal  year  from  January  1st  to 
July  1st. 

§  75.  As  soon  after  the  adoption  of  any  estimate  as 
shall  be  practicable,  the  Comptroller  shall  apportion  said 
tax  upon  the  taxable  property  within  the  city,  as  set 
down  in  the  assessment  rolls  of  the  year  filed  with  him; 
and  shall  set  down  in  a  column,  to  be  prepared  for  that 
purpose  in  said  rolls,  opposite  to  the  several  sums  set 


56  KKVISKI)    CITY    CHAKTKH.  [TillcIV. 

down  on  said  rolls  as  the  valuation  of  real  and  personal 
estates,  the  respective  sums  in  dollars  and  cents  to  be  paid 
as  a  tax  thereon.  He  may  correct  any  clerical  errors  in 
said  rolls.  He  shall,  on  the  first  day  of  June,  or  as  soon 
thereafter  as  ])ractical)le,  deliver  said  rolls  to  the  Treas- 
urer, lie  shall,  before  delivering  such  tax-rolls  to  the 
Treasurer,  enter  thereon,  in  a  column  to  be  prepared  for 
that  purpose,  opposite  to  each  lot  of  land,  the  aggregate 
amount  of  all  local  assessments  thereon,  with  the  addi- 
tions returned  to  him  on  or  before  the  first  day  of  May 
of  that  year  as  unpaid. 

§  7G.  Upon  the  receipt  of  said  roll,  the  Treasurer 
shall  give  notice  by  publishing  same  in  the  official  paper, 
and  by  posting  the  same  in  six  public  places  in  each  ward, 
that  the  general  tax-rolls  have  been  received  by  him; 
that  they  will  remain  in  his  hands  until  the  first  day  of 
March  followmg,  and  that  payment  of  the  taxes  and 
assessments  thereon  may  be  made  to  him  at  any  time 
before  the  expiration  of  one  month  from  the  time  said 
rolls  were  received  by  him  without  additions;  that  at  the 
end  of  said  month  an  addition  of  one  per  centum  upon 
every  unpaid  tax  and  assessment  will  be  added  thereto; 
that  an  addition  of  one-half  per  centum  will  be  made 
every  month  thereafter  until  the  first  day  of  March  fol- 
lowing, at  which  time  an  addition  of  five  per  centum 
upon  every  unpaid  tax  and  assessment  will  be  added 
thereto,  and  that  thereafter  all  taxes  and  assessments 
will  l)e  charged  with  interest  at  the  rate  of  six  per  centum 
per  ammm  on  the  first  day  of  each  month  until  the  same 
are  paid,  and  such  additions,  interest,  and  fees  shall  be 
charged  accordingly.  On  or  before  the  first  day  of 
Februaiy  in  each  year,  the  Treasurer  shall  give  notice 
to  all  owners  of  land  upon  which  there  remains  in  his 
hands  any  such  unpaid  tax  or  assessment,  by  mailing 
written  notice  to  their  address  as  shown  on  the  maps  in 
the  Assessors'  office,  and  if  no  such  address  is  shown, 
such  notice  shall  be  addressed  to  them  at  Buffalo,  New 


Title  IV.]  REVISED   CITY   CHARTER.  57 

York,  that  if  such  tax  or  assessment  is  not  paid  on  or 
before  the  first  day  of  March  next  thereafter  five  per 
centum  will  be  added  thereto,  as  herein  provided,  and  the 
same  will  be  returned  to  the  Comptroller  for  tax  sale,  but 
failure  to  give  such  notice  shall  not  invalidate  the  tax  or 
assessment  or  subsequent  proceedings.  Whenever  any 
tax  appearing  upon  said  rolls  shall  be  erroneously  marked 
canceled  or  paid,  the  Treasurer  shall,  immediately  upon 
the  discovery  thereof,  notify  the  owner  of  the  property 
upon  which  said  tax  was  so  canceled,  that  said  cancel- 
lation was  erroneous,  and  that  such  tax  must  be  paid 
within  thirty  days  from  the  date  of  such  notice.  Said 
notice  shall  be  in  writing,  and  shall  be  mailed  to  the 
address  of  such  owner,  as  said  address  appears  on  the 
maps  in  the  Assessors'  office;  if  no  such  address  is  shown, 
such  notice  shall  be  addressed  to  him  at  Buffalo,  New 
York;  in  case  said  tax  is  not  paid  within  said  thirty  days, 
the  Treasurer  shall  mark  such  tax,  "Erroneously  can- 
celed," together  with  the  date  of  such  cancellation,  and 
the  lien  of  said  tax  shall  be  restored.  If  such  tax  is  not 
restored  before  delivery  of  the  rolls  to  the  Comptroller, 
he  shall  place  said  tax  upon  the  tax-rolls  of  a  subsequent 
year,  in  a  separate  column,  and  said  tax  shall  have  the 
same  force  and  be  collected  in  the  same  manner  as  an 
original  city  tax  for  that  year. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  6;  L.  1896, 
c.  809,  Sec.  1;  and  L.  1898,  c.  313. 

§  77.  The  city  may  recover  by  action  the  amount  of 
every  tax  with  the  additions  and  interest  unpaid  on  the 
first  day  of  March  aforesaid,  with  interest  thereon  at  the 
rate  of  six  per  centum  per  annum,  and  the  further  sum  of 
five  per  centum  upon  the  amount  of  such  tax,  interest  and 
additions,  from  the  persons  liable  to  pay  the  same,  which 
shall  remain  unpaid  for  more  than  ten  months  after  the 
delivery  of  the  roll  to  the  Treasurer.  Such  action  shall 
be  brought  by  the  Comptroller  in  his  name  of  office. 
The  judgment  obtained  in  such  action,  when  docketed 


58  REVISED    CITY   CHARTER.  [Title  IV. 

in  the  office  of  the  Clerk  of  Erie  County,  shall  have  pri- 
ority over  any  other  lien  or  ineunilM'anct;  upon  or  transfer 
of  the  property  charged  with  the  tax  for  which  such  action 
was  brought,  and  every  purchaser  or  incumbrancer  of 
said  property  whose  incuniljrance,  lien  or  transfer  shall 
have  been  recorded  before  the  commencement  of  the 
action  shall  be  made  a  party  to  said  action. 

Thus  amended  by  L.  1892,  c.  381,  Sec.  2,  and  L.  1894, 
c.  34,  Sec.  1. 

Sections  78,  79,  80,  81  and  82  relating  to  collection  of 
unpaid  taxes,  were  repealed  by  Laws  1902,  c.  573,  Sees. 
1-5. 

§  83.  Interest  on  taxes  and  assessments  shall  not  be 
computed  for  less  than  one  month,  and  shall  be  com- 
puted up  to  the  first  day  of  the  month  following  the  day 
of  payment. 

Sections  84,  85,  86,  87,  88,  89  and  90  relating  to  col- 
lection of  back  taxes,  were  repealed  by  Laws  1902,  c. 
573,  Sees.  6-10. 

§  91.  On  the  first  day  of  March,  after  the  receipt  of 
the  general  tax-rolls,  the  Treasurer  shall  return  said  roUs 
to  the  Comptroller,  with  his  affidavit  attached  thereto, 
that  the  uncancelled  taxes  and  assessments  therein  are 
unpaid,  and  that  he  has  not  been  able  to  collect  the  same, 
and  the  Comptroller  shall  credit  him  with  such  returned 
taxes  and  assessments. 

§  92.  Taxes  and  assessments  can  be  paid  to  the 
Treasurer  at  any  time  before  the  rolls  are  returned  to  the 
Com})t  roller.  Such  taxes  and  assessments  may  also  be 
paid  to  the  Comptroller,  with  additions  and  interest,  at 
any  time  after  the  return  of  the  rolls  to  him,  and  before 
sale,  with  the  addition  of  one  dollar  for  expense  of  pub- 
lication. 

Thus  amended  by  L.  1896,  c.  809,  Sec.  7,  and  L.  1902, 
c.  573,  Sec.  11. 


Title  IV.]  REVISED    CITY    CHARTER.  59 

Chapter  III. 

LOCAL    FUNDS. 

§  93.  The  Comptroller,  on  the  dehveiy  to  him  of  a 
local  assessment-roll,  shall  enter  the  name  of  the  same 
and  the  total  amount  thereof  in  his  books.  He  shall 
piibhsh  a  notice  in  the  official  paper  stating  that  the 
assessment-roll,  naming  and  describing  it,  has  been 
received  by  him,  and  that  it  will  be  held  by  him  for  two 
weeks;  after  which  it  will  be  delivered  to  the  Treasurer, 
After  the  expiration  of  said  two  weeks,  he  shall  deliver 
said  roll  to  the  Treasurer,  unless  in  the  mean  time  notice 
has  been  served  on  him,  pursuant  to  law,  that  a  writ  of 
certiorari  has  been  issued  or  has  been  apphed  for,  or  an 
action  has  been  begun  to  re^ew  said  assessment-roll  or 
to  test  the  legality  thereof;  in  which  case  he  shall  hold 
the  said  assessment-roll  for  two  additional  weeks,  and 
shall,  after  the  expiration  of  said  additional  time,  deliver 
said  assessment-roll  to  the  Treasurer,  unless  the  court  or 
the  Common  Council  shall  order  him  to  return  the  said 
assessment-roll  to  the  Common  Council;  or  the  proceed- 
ings.to  collect  or  enforce  said  assessment-roll  are  stayed 
by  the  court. 

§  94.  The  Treasurer,  upon  the  receipt  of  such  assess- 
ment-roll, shall  cause  the  same  to  be  properly  indexed 
in  a  book  to  be  kept  by  him  for  that  purpose,  and  when 
the  work  for  which  said  roll  was  made  shall  actually 
begin,  shall  publish  a  notice  in  five  successive  numbers 
of  the  official  paper,  that  such  roll,  naming  it,  has  been 
received  by  him,  and  that  any  assessment  therein  may 
be  paid  to  him  at  any  time  before  the  expiration  of  one 
month  from  the  first  pubfication  of  the  notice,  without 
any  addition.  The  department  having  the  work  in 
charge  shall  notify  the  Treasurer  of  the  beginning  of  any 
work, 

§  95.  Upon  the  expiration  of  one  month  from  the 
first  publication  of  such  notice,  the  Treasurer  shall  add 


60  RKVISKD    (  ITV    (HAKTKR.  [Tillc  IV. 

one  per  centuin  to  rach  of  tlie  iuii):iid  assessments  in  such 
roll,  and  a  like  ])er('entage  shall,  at  the  end  of  every 
month  thereafter,  while  the  roll  remains  in  his  hands,  be 
added  to  each  unpaid  assessment. 

§  96.  The  method  of  paying  such  assessment  shall 
be  the  same  as  that  prescribed  for  the  payment  of  taxes 
of  the  general  tax  roll. 

§  97.  The  Treasurer  shall  obtain  each  local  assess- 
ment-roll, so  that  at  all  times  payments  may  be  made 
thereon,  until  the  assessment  is  added  to  the  general  roll. 

§  98.  All  local  assessments,  when  added  to  the  gen- 
eral roll,  shall  be  liens  to  the  same  extent  as  taxes  levied 
in  the  general  roll,  and  the  same  interest  be  payable  up- 
on them,  and  the  same  remedies  and  methods  of  collec- 
tion shall  apply  to  them  as  to  such  taxes  under  this  act, 
except  as  herein  othenvise  provided. 

§  99.  Eveiy  assessment  for  local  improvements  shall 
become  a  lien  upon  the  property  assessed,  upon  the  first 
publication,  by  the  Treasurer,  of  the  notice  that  he  has 
received  the  roll  containing  such  assessment. 

§  100.  An  action  may  be  brought  in  any  court  hav- 
ing jurisdiction  thereof  to  determine  the  legality  of  an 
assessment  for  local  improvements,  and  in  such  action 
the  owner  of  a  separate  parcel  of  land  may  unite  with 
one  or  more  of  the  owners  of  other  parcels  assessed  or 
attempted  to  be  assessed,  in  the  same  assessment-roll. 
Such  an  action  may  be  brought  at  the  same  time  as,  or 
after  a  writ  of  certiorari  is  granted,  pursuant  to  the  next 
section,  or  while  such  certiorari  proceeding  is  pending, 
but  it  must  be  brought  within  one  year  after  said  assess- 
ment shall  have  become  an  actual  or  apparent  lien  upon 
the  property  assessed.  Such  an  action  may  be  brought 
and  maintained,  although  the  party  or  parties  plaintiff 
shall  not  have  appled  to  the  Bonrd  of  Assessors  to  cor- 
rect, amend  or  revise  the  said  assessment,  and  shall  not 


Title  IV.]  REVISED    CITY   CHARTER.  61 

have  filed  any  objections  to  the  said  assessment-roll; 
and  although  the  parties  plaintiff,  or  some  of  them,  have 
paid  their  assessments  upon  the  said  assessment-roll,  in 
which  case  the  parties  who  have  so  paid  may  ask  for, 
and  in  a  proper  case  the  court  may  order  restitution  of 
the  amounts  paid  by  them  with  interest.  But  in  such 
an  action  no  relief  shall  be  granted  to  the  plaintiffs  based 
upon  any  defects,  irregidarities  or  errors  in  the  said 
assessment-roll  which  could  have  been  reviewed  and 
corrected  by  a  writ  of  certiorari  issued  pursuant  to  the 
next  section. 

§  101.  A  writ  of  certiorari  may  be  granted  to  review 
and  determine  the  legality  of  an  assessment  for  local 
improvements  by  any  court  of  competent  jurisdiction 
upon  the  application  of  any  person  or  persons  aggrieved 
thereby.  The  owner  of  a  separate  parcel  of  land  may 
unite  with  one  or  more  owners  of  other  parcels  of  land 
assessed  or  attempted  to  be  assessed  in  the  same  assess- 
ment-roll in  the  application  for  such  writ.  Such  writ 
shall  be  applied  for  in  the  form  and  manner,  and  the 
subsequent  proceedings  thereupon  had  shall  comply  with 
the  provisions  of  article  seven,  of  title  two  of  chapter 
sixteen  of  the  Code  of  Civil  Procedure,  relating  to  the 
writ  of  certiorari  to  review  the  determination  of  an 
inferior  tribunal,  except  as  is  in  this  section  expressly 
otherwise  provided. 

1.  No  such  apphcation  shall  be  entertained  unless  the 
persons  making  the  apphcation,  or  some  of  them,  shall 
have  previously  made  complaint  in  relation  to  such 
assessment  to  the  Board  of  Assessors,  pursuant  to  law,  or 
shall  have  filed  objections  to  such  roll  with  the  City 
Clerk  pursuant  to  law;  but  the  proceeding  to  review 
such  assessment  by  writ  of  certiorari  shall  not  be  con- 
fined to  any  grounds  of  complaint  or  objection  which 
were  presented  to  the  said  Board  of  Assessors,  or  in  the 
said  objections  filed  with  the  City  Clerk. 


62  REVISED   CITY   CHARTER.  [Title  IV. 

2.  Sucli  Avrit  may  be  applied  for  at  any  time  after  the 
said  assessment -roll  shall  have  been  confirmed  Iw  the 
resolution  of  the  Common  Council,  although  such  resolu- 
tion may  not  have  been  approved  by  the  Mayor,  and 
before  the  expiration  of  two  ■weeks  from  the  publication 
by  the  Comptroller  of  the  notice  required  by  this  act  that 
such  roll  has  been  received  by  him. 

3.  The  said  writ  of  certiorari  shall  l)C  directed  to  the 
city  of  Buffalo,  which  shall  be  known  as  the  defendant. 
It  may  be  served  by  dehvering  a  copy  thereof  to  the 
Maj'or  or  the  Corporation  Counsel,  and  a  copy  to  the 
Comptroller  or  his  deputy,  unless  the  court  shall  other- 
wise direct.  Only  one  return  to  said  writ  shall  be  made 
and  it  may  be  verified  by  any  one  or  more  of  said  ofiicers, 
or  by  any  Assessor  of  the  city.  The  return  shall  not 
be  conclusive.  Upon  the  return  being  filed,  the  cause 
may  be  heard  at  a  general  or  a  special  term  of  the  court, 
and  either  party  may  notice  it  for  a  hearing.  If  upon  the 
hearing  it  shall  appear  to  the  court  that  testimony  is 
necessaiy  to  the  proper  disposition  of  the  matter,  the 
court  may  take  evidence  or  may  appohit  a  referee  to  take 
such  evidence  as  the  court  may  direct,  and  report  the 
same  to  the  court,  and  such  testimony  shall  constitute  a 
part  of  the  proceedings  upon  which  the  determination  of 
the  court  shall  be  made. 

4.  The  court  shall  have  power  at  any  stage  of  the 
proceeding  to  order  any  necessary  or  proper  parties 
to  be  brought  in  by  amendment,  upon  such  terms  as 
shall  be  just,  and  to  direct  how  notice,  if  required,  shall 
be  given  to  them  by  personal  service  or  by  publication, 
and  thereafter  all  parties  so  notified  shall  be  bound  by  the 
proceeding,  and  the  coin-t  shall  have  poMer  to  appoint  an 
attorney  to  represent  unkno^^  n  or  unrepresented  parties, 
and  to  order  the  reasonable  costs  and  expenses  of  all 
parties  so  brought  in,  othenvise  than  upon  their  own 
motion,  to  be  paid  by  the  city. 

5.  If  it  is  estabhshed  that  the  assessment  is  illegal  for 
any  reason,  the  court  may  order  that  said  assessment 


Title  IV.]  REVISED   CITY   CHARTER.  63 

be  canceled,  and  the  same  shall  thereupon  be  canceled  by 
the  Comptroller  and  other  proper  officers  in  the  city. 
Where  it  is  alleged  or  established  that  the  said  assessment 
is  irregular  or  defective  on  account  of  any  imperfect 
description  of  the  land  sought  to  be  assessed,  or  any  de- 
fect or  irregularity  which  can  be  corrected  without  preju- 
dice to  any  of  the  parties  interested  therein  or  affected 
thereby,  the  court  may  order  the  assessment-roll  so 
corrected  or  amended,  or  may  order  that  the  assessment 
roll  be  returned  to  the  Common  Council  to  annul  or 
correct  it  pursuant  to  law. 

6.  The  parties  applying  for  said  writ  of  certiorari,  or 
any  of  them,  may  pay  their  assessments  upon  the  said 
assessment-roll  at  any  time,  notwithstanding  the  pend- 
ency of  said  writ.  In  case  it  shall  be  determined  that  the 
assessment-roll  is  illegal  for  any  reason,  after  the  assess- 
ments or  any  of  them  have  been  paid,  the  court  may 
make  such  orders  in  regard  to  restitution  to  the  parties 
to  said  proceedings  and  to  others,  as  shall  be  necessary 
to  protect  the  rights  of  all  parties,  and  may  enforce  said 
orders  as  judgments  in  an  action. 

§  102.  On  or  before  the  fifteenth  day  of  March  in 
each  year,  the  Treasurer  shall  return  each  local  assess- 
ment-roll not  payable  in  installments  which  shall  have 
been  received  by  him  more  than  two  months  prior  to 
such  fifteenth  day  of  March,  with  the  additions,  to  the 
Comptroller,  and  certify  that  all  uncanceled  assessments 
therein  are  unpaid. 

Thus  amended  by  L.  1906,  c.  8,  Sec.  1. 

§  103.  Wlien  any  work  or  improvement  shall  be 
ordered  by  the  Common  Council,  the  expense  whereof 
shall  exceed  the  sum  of  five  thousand  dollars,  and  is  tf* 
be  defrayed  by  money  raised  by  local  assessment,  ana 
in  any  case  where  such  work  or  improvement  shall  be  the 
paving  of  a  street  or  alley  whether  the  expense  thereof 
shall  be  more  or  less  than  five  thousand  dollars,  the 


64  REVISED    CITY    CHARTER.  [Title  IV. 

several  assessments  contained  in  any  roll,  made  for  the 
purpose  of  raising  said  money,  shall  be  divided  into  five 
equal  annual  installments.  The  first  installment  shall 
be  due  and  payable  froiii  and  after  the  date  of  the  first 
publication  of  the  notice  specified  in  section  ninety-four 
of  this  act;  and  the  remaining  installments  in  one,  two, 
three  and  four  years  from,  and  after  the  date  of  such 
publication.  The  second,  third,  fourth  and  fifth  install- 
ments shall  bear  interest  at  the  rate  of  five  per  centum 
per  annum  commencing  one  month  after  the  date  of  such 
first  publication,  until  they  shall  severally  become  due 
and  payable.  Monthly  additions  of  interest  shall  be 
made  to  each  due  and  unpaid  installment  as  provided 
in  section  ninety-five  of  this  act;  commencing  one  month 
after  said  installment  shall  become  due  and  payable. 
Thus  amended  by  L.  1906,  c.  47. 

§  104.  The  Treasurer  shall  proceed  with  the  collection 
of  said  roll  in  the  manner  provided  for  other  assessments, 
and  for  such  purpose,  retain  the  roll  in  his  possession  at 
all  times.  On  or  before  the  fifteenth  day  of  March  of 
each  year,  he  shall  make  a  transcript  from  the  rolls  re- 
ceived by  him  more  than  two  months  previous  thereto, 
of  each  unpaid  installment  which  shall  have  become  due 
and  payable  with  the  addition  thereto,  which  transcript 
shall  be  delivered  to  the  Comptroller  to  be  spread  on  the 
general  roll  for  that  year,  in  the  manner  specified  in 
section  seventy-five  of  this  act,  and  the  Treasurer  shall 
note  on  the  original  roll  the  installments  so  transferred. 
He  shall  continue  the  collection  of  the  balance  of  said 
roll  until  on  or  before  the  fifteenth  day  of  March  in  the 
following  year,  when  he  shall  make  a  transcript  of  the 
second  installment  of  the  assessments  on  said  roll  which 
shall  have  become  due  and  payable.  He  shall  cause  a 
transcript  of  said  installments  so  due  and  payable  with 
the  additions  thereon,  to  be  delivered  to  the  Comptroller 
to  be  spread  on  the  general  tax  roll  for  that  year,  and 
shall  note  on  the  original  roll  the  installment  so  trans- 


Title  IV.]  REVISED    CITY    CHARTER.  65 

ferred.  He  shall  continue  the  collection  of  the  balance 
of  said  roll  until  on  or  before  the  fifteenth  day  of  March 
in  the  following  year,  when  he  shall  make  a  transcript 
of  the  third  installment  of  the  assessments  on  said  roll 
which  shall  have  become  due  and  payable.  He  shall 
cause  a  transcript  of  said  installment  so  due  and  payable 
with  the  additions  thereon,  to  be  delivered  to  the  Comp- 
troller to  be  spread  on  the  general  tax  roll  for  that  year, 
and  shall  note  on  the  original  roll  the  installment  so 
transferred.  He  shall  continue  the  collection  of  the 
balance  of  said  roll  until  on  or  before  the  fifteenth 
of  March  in  the  following  year  when  he  shall  in  like 
manner  make  a  transcript  of  the  fourth  installment  on 
such  roll,  which  shall  have  become  due  and  payable. 
He  shall  cause  a  transcript  of  said  installment  so  due  and 
payable  with  the  additions  thereon,  to  be  delivered  to 
the  comptroller  to  be  spread  on  the  general  tax  roll  for 
that  year,  in  the  same  manner  as  hereinbefore  provided, 
and  note  on  the  original  roll  the  assessment  so  trans- 
ferred. He  shall  continue  the  collection  of  the  balance 
of  said  roll  until  on  or  before  the  fifteenth  day  of  March 
in  the  following  year,  when  he  shall  in  hke  manner  make 
a  transcript  of  the  fifth  installment  on  such  roll,  which 
shall  have  become  due  and  payable.  He  shall  cause  a 
transcript  of  said  installment  so  due  and  payable,  with 
the  additions  thereon,  to  be  delivered  to  the  Comptroller 
to  be  spread  on  the  general  tax  roll  for  that  year  as  here- 
inbefore provided,  and  note  on  the  original  roll  the  assess- 
ment so  transferred.  Annual  interest  shall  be  paid 
to  the  Treasurer  on  all  unpaid  installments  at  the  time 
any  one  of  them  shall  become  due,  and  said  Treasurer 
shall  not  receive  payment  of  any  installment  after  the 
first,  unless  interest  then  due  on  all  installments  shall 
be  paid  at  the  same  time;  if  the  annual  interest  is  not 
paid,  the  Treasurer  shall  return  such  interest  together 
with  the  installment  then  due,  to  the  Comptroller,  to  be 
spread  on  the  general  tax  roll  of  the  year.  The  Treasurer 
may  receive  the  whole  of  any  assessments,  with  accrued 


66  REVISED    CITY    CHARTER.  [Title  IV. 

interest  and  additions,  at  any  time  before  the  same  is 
returned  to  the  Comptroller. 

Thus  amended  by  L.  1898,  c.  314,  and  L.  1906,  c.  8, 
Sec.  2. 

§  105.  Whenever  any  work  or  improvement  shall  be 
or  shall  have  been  ordered  by  the  Common  Council,  the 
expense  whereof  shall  exceed  the  sum  of  five  thousand 
dollars,  and  is  to  be  defrayed  in  whole  or  in  part  by 
money  raised  by  local  assessment,  and  in  any  case  where 
such  work  or  improvement  shall  be  the  paving  or  re- 
paving  of  any  street  or  alley,  whether  the  expense  shall 
be  more  or  less  than  five  thousand  dollars,  the  Common 
Council  may,  after  such  local  assessment-roll  shall  have 
been  confirmed,  authorize  the  issue  of  bonds  to  an  amount 
not  exceeding  four-fifths  of  said  expense.  Such  bonds 
shall  draw  interest  not  to  exceed  four  per  centum  per 
annum,  and  shall  be  payable  one-fourth  in  one  year; 
one-fourth  in  two  years;  one-fourth  in  three  years,  and 
one-fourth  in  four  years  from  and  after  the  first  day  of 
the  next  calendar  month  succeeding  the  confirmation  of 
said  assessment  roll.  All  warrants  drawn  in  payment 
of  any  local  work  or  improvement  above  specified,  shall 
be  payable  four-fifths  out  of  the  proceeds  of  such  bonds, 
and  one-fifth  out  of  moneys  collected  upon  the  first  in- 
stallment of  the  assessment -roll  made  therefor.  If  suffi- 
cient moneys  have  not  been  realized  upon  the  first  in- 
stallment of  such  assessment -roll  to  pay  the  warrants 
so  drawn  against  said  roll,  or  if  suflficient  moneys  have 
not  been  realized  upon  any  other  installment  to  pay  said 
bonds  when  the  same  shall  be  due  and  payable,  the 
Comptroller  may  temporarily  borrow  on  the  credit  of  the 
city  a  sum  sufficient  to  pay  the  same,  and  all  moneys 
thereafter  reahzed,  on  account  of  said  assessment-roll 
or  from  sales  for  non-payment  of  assessments  therein, 
shall  be  used  and  are  hereby  pledged  to  the  payment  of 
the  amount  so  borrowed,  and  for  the  payment  of  such 
bonds.     On  the  first  Monday  of  each  month  the  Com- 


Title  IV.]  REVISED    CITY    CHARTER.  67 

missioner  of  Public  Works  shall  certify  to  the  Common 
Council  the  total  amount  of  all  local  work  or  improve- 
ments performed  or  contracted  for  during  the  preceding 
month — other  than  for  the  paving  or  repaving  of  a  street 
or  alley — and  which  is  to  be  collected  by  local  assessment 
upon  the  property  benefited,  and  the  Common  Council 
may  thereupon  authorize  the  issue  of  bonds  to  such 
amount  as  it  shall  determine,  not  to  exceed  the  amount 
so  certified,  payable  at  such  time  as  shall  be  fixed  in  the 
resolution.  Such  bonds  shall  bear  interest  at  not  to 
exceed  five  per  centum  per  annum,  and  shall  be  sold  at 
not  less  than  par.  All  warrants  drawn  in  pajmient  of 
any  local  work  or  improvement  last  above  specified, 
shall  be  payable  out  of  the  proceeds  of  such  bonds.  All 
moneys  collected  upon  any  local  assessment  roll  or  upon 
sales  for  non-payment  of  any  assessment  therein,  shall 
be  used  and  are  hereby  pledged  for  the  payment  of  the 
bonds  issued  for  the  purpose  of  raising  money  for  the 
payment  of  the  work  or  improvement  for  which  such 
assessment-rolls  were  made.  The  Comptroller  shall  on 
the  first  Monday  in  each  month,  certify  the  amount  of 
bonds,  if  any,  falhng  due  in  that  month,  and  the  condi- 
tion of  the  fund  provided  for  the  payment  thereof,  and 
the  Common  Council  shall,  upon  said  statement,  deter- 
mine the  amount  of  bonds  to  be  issued  under  the  pro- 
visions of  this  section,  and  may  determine  that  any  work 
may  be  paid  for  by  the  issue  of  warrants  drawn  against 
the  roll  made  to  provide  a  fund  for  payment  of  the  same, 
in  which  case  warrants  shall  be  issued  as  follows :  When 
any  work  or  improvement  shall  be  ordered  by  the  Com- 
mon Council,  the  expense  whereof  is  to  be  collected  by 
local  assessment  upon  the  property  benefited,  the  Com- 
mon Council  may,  by  resolution,  direct  warrants  to  be 
drawn  on  the  Treasurer  in  payment  for  the  same  out  of 
the  funds  in  his  hands  arising  from  such  assessment, 
applicable  to  the  payment  thereof.  Warrants  drawn  by 
direction  of  the  Common  Council  in  payment  of  any 
work  or  improvement,  the  assessment  for  which  is  pay- 


68  REVISED    CITY    CHARTER.  [TUlc    IV. 

able  ill  five  installiiieiits,  shall  be  drawn  paj'able  by  the 
city  on  a  day  certain,  for  one-fifth  of  the  amount  of  such 
improvement  in  one  year  from  date,  one-fifth  in  two 
years,  one-fifth  in  three  years,  one-fifth  in  four  years, 
and  one-fifth  in  five  years  from  date.  Such  w'arrants 
shall  bear  interest  at  a  rate  not  exceeding  four  per  centum 
from  their  dates,  as  the  Common  Council  shall  direct. 
The  Comptroller  shall  direct,  and  the  Treasurer  shall  pay 
warrants,  with  accrued  interest  thereon,  at  any  time 
before  they  shall  become  due,  if  there  shall  be  funds  in 
his  hands  arising  from  such  assessment  applicable  to  the 
payment  thereof,  but  none  of  such  warrants  shall  be 
paid  until  all  those  which  by  their  terms  are  sooner  pay- 
able shall  have  been  paid,  unless  he  shall  retain  in  his 
h  mds  a  sufficient  amount  to  pay  all  such  ])rior  warrants. 
The  Comptroller  shall  direct,  and  the  Treasurer  shall, 
when  he  shall  have  money  in  his  hands  applicable  to  the 
payment  of  such  warrants,  give  notice  in  five  successive 
numbers  of  the  official  paper— Sundays  and  legal  holi- 
days excepted — that  he  will  pay  all  or  any  portion  of  such 
warrants,  with  accrued  interest,  on  a  day  to  be  specified 
in  said  notice,  and  the  interest  on  such  warrants  shall 
cease  from  and  after  the  day  specified  in  such  notice. 
The  Common  Council  may  authorize  the  issue  of  bonds 
by  the  city  for  the  purpose  of  raising  money  to  take  up, 
and  pay  all  outstanding  warrants  heretofore  or  hereafter 
issued  in  payment  of  any  local  work  or  improvement. 
Such  bonds  shall  be  issued  from  time  to  time,  as  may  be 
ordered  by  the  Common  Council,  by  the  Mayor,  and 
Comptroller,  under  the  city  seal;  one-fifth  of  the  principal 
thereof  to  be  payable  at  the  end  of  each  year  succeeding 
the  issue  thereof,  until  the  whole  sum  shall  have  been 
paid.  Any  bonds  so  issued  shall  bear  interest  at  a  rate 
not  to  exceed  three  and  one-half  per  centum  per  annum, 
to  be  fixed  by  the  Common  Council,  and  the  same  shall 
be  sold  or  awarded  as  provitled  in  section  four  hundred 
and  ninety-tw^o  of  the  charter  of  the  City  of  Buffalo,  being 
the  act  hereby  amended.     If  there  shall  not  be  sufficient 


Title  IV.}  REVISED    CITY   CHARTER.  69 

moneys  to  the  credit  of  the  work  or  improvements  for 
which  the  assessment  is  made  to  pay  such  warrants,  when 
the  same  shall  become  due,  the  Comptroller  shall  borrow 
on  the  credit  of  the  city,  if  the  Common  Council  shall  by 
resolution  so  direct,  a  sufficient  sum  of  money,  which 
shall  be  deposited  with  the  Treasurer,  to  pay  the  same, 
and  the  moneys  arising  from  said  assessment  shall,  when 
collected,  be  applied  to  the  payment  of  the  amount  so 
borrowed,  and  to  the  payment  of  any  bonds,  which  may 
be  issued  as  provided  in  this  section,  to  raise  money  to 
take  up  and  pay  outstanding  warrants  heretofore  or 
hereafter  issued  before  such  warrants  are  due  and  pay- 
able, and  to  no  other  purpose.  Nothing  in  this  act  con- 
tained shall  be  construed  as  in  anywise  affecting  the  rate 
of  interest  on  warrants  now  outstanding  on  account  of 
local  work  and  improvements,  or  warrants  which  may 
be  hereafter  issued  for  local  work  or  improvements  for 
which  bids  have  already  been  submitted  to  the  city. 
Thus  amended  by  L.  1903,  c.  166. 

§  105  (a).  Whenever  the  Common  Council  shall  order 
the  construction  of  any  main  sewer  or  branch  sewer  in 
any  sewer  district  or  portion  of  a  sewer  district  of  the 
city,  which  is  not  already  provided  with  main,  and  branch 
and  lateral  sewers,  and  where  it  is  proposed  accordmg 
to  the  plan  of  drainage  adopted  for  that  sewer  district  or 
territory  by  the  Board  of  Public  Works,  as  provided  in 
this  act,  that  the  side  sewer  shall  be  extended  in  the 
future  by  branch  sewers  and  lateral  sewers,  or  either,  so 
as  to  reach  territory  not  immediately  drained  by  it,  and 
the  expense  of  constructing  said  sewer  shall  exceed  forty 
thousand  dollars,  which  facts  shall  be  certified  to  the 
Common  Council  for  its  information,  with  or  without  its 
request,  by  the  Board  of  Pubhc  Works,  and  shall  be 
deemed  for  all  purposes  to  be  estabhshed  by  such  cer- 
tificate, the  Common  Councilmay,  in  its  discretion,  by 
a  vote  of  two-thirds  of  its  members  elected  to  each 
board,  direct   that  the  expenses  of  constructing  said 


70  KK.VISED    CITY    CHARTER.  ['J'itlc  IV. 

sewer,  or  so  much  thereof  as  is  to  be  raised  by  local 
assessment,  shall  be  assessed  upon  the  property  benefited 
thereby,  and  that  the  several  assessments  contained  in 
any  roll  made  for  the  purpose  of  raising  said  money, 
shall  be  divided  into  more  than  five,  and  not  more  than 
fifteen  equal,  annual  installments,  specifying  the  number 
of  such  installments;  and  the  said  assessments  contained 
in  any  such  roll  shall  thereupon  be  payable  in  equal, 
annual  installments,  according  to  such  direction.  The 
several  installments  of  the  assessments  in  such  extended 
installment-rolls  shall  become  due  and  payable;  and  shall 
draw  interest  in  the  same  manner  as  is  provided  in  sec- 
tion one  hundred  and  three  of  this  act  for  the  five-year 
installment-rolls,  and  unpaid  installments  shall  be  re- 
turned by  the  Treasurer  to  the  Comptroller  in  the  same 
manner,  and  with  the  same  result  as  is  provided  in  sec- 
tion one  hundred  and  four  of  this  act,  and  any  default  in 
the  payment  of  annual  interest  shall  have  the  same  result 
as  is  provided  in  said  section  one  hundred  and  four,  and 
all  the  provisions  of  said  sections  one  hundred  and  three, 
and  one  hundred  and  four  with  reference  to  the  five-year 
installment-rolls  shall  be  applicable  to  said  extended 
installment-rolls,  except  that  the  assessment  shall  be 
divided  into  the  number  of  annual  installments  so  di- 
directed  by  the  Common  Council.  In  case  the  Common 
Council  shall  so  direct  any  assessment-roll  to  be  extended 
over  a  period  of  more  than  five  years,  the  bonds  author- 
ized to  be  issued  by  section  one  hundred  and  five  of  this 
act,  in  anticipation  of  the  payment  of  the  installments 
upon  any  installment-roll,  may  be  issued  to  an  amount 
equal  to  the  total  amount  of  said  assessment-roll,  less 
one  installment,  and  said  bonds  shall  be  made  payable 
in  annual  installments  covering  the  same  period  that  is 
fixed  for  the  payment  of  the  assessments  in  said  roll,  and 
all  other  provisions  of  said  section  one  hundred  and  five 
relating  to  the  issue  of  said  bonds,  and  to  warrants  drawn 
in  payment  for  any  such  local  work  or  improvement, 
shall  be  modified  accordingly,  so  as  to  extend  over  the 


Title  IV.}  REVISED    CITY   CHARTER.  71 

entire  period  during  which  such  installments  are  payable. 
This  section  shall  apply  to  any  assessment-roll  already 
made,  but  not  yet  confirmed  by  the  Common  Council. 
Thus  amended  by  L.  1892,  c.  424. 

This  entire  section  was  added  by  this  amendment. 

Chapter  IV. 

SALES    OF    LANDS    FOR    TAXES    AND    ASSESSMENTS. 

§  106.  All  taxes  and  assessments  shall  be  a  lien  upon 
the  lands  upon  which  they  are  assessed  for  ten  years 
from  the  delivery  of  the  tax  or  assessment-roll  to  the 
Treasurer,  and  the  first  publication  of  notice  of  receipt  of 
same,  and  shall  have  priority  in  the  inverse  order  of 
time  in  which  they  become  liens.  If  the  proceedings  to 
enforce  such  liens  have  been  stayed  by  a  court  or  judge 
the  period  of  such  stay  shall  not  be  taken  as  a  part  of 
said  ten  years. 

§  107,  Upon  the  return  by  the  Treasurer  of  the 
general  tax  rolls  to  the  Comptroller,  the  Treasurer  shall 
prepare  and  deliver  to  the  Comptroller  a  transcript  of 
the  taxes  and  assessments  upon  lands  returned  by  said 
Treasurer  unpaid.  Such  transcript  shall  specify  the 
amount  of  each  tax  and  assessment,  and  the  Comptroller 
shall  place  therein  all  additions  and  interest  to  the  day 
on  which  the  sale  is  to  commence,  and  the  further  sum 
of  five  per  centum  upon  the  amount  of  each  tax,  assess- 
ment, addition,  and  interest.  When  there  is  more  than 
one  tax  or  assessment  upon  the  same  parcel  of  land,  the 
description  of  such  parcel  shall  be  inserted  in  such  state- 
ment but  once.  The  Comptroller  shall  also  charge  each 
parcel  of  land  included  in  such  statement  with  one  dollar, 
to  cover  expenses  of  printing  and  publication.  All  such 
additions,  interest,  fees,  and  expenses  shall  be  a  charge 
on  the  lands  sold,  and  shall  be  added  to  and  made  a  part 
of  such  tax. 

Thus  amended  by  L.  1898,  c.  280,  Sec.  1. 


72  REVISED    CITY    CHARTER.  [Title  IV. 

§  108.  The  collection  of  every  assessment,  and  of 
every  tax  upon  real  estate  returned  unpaid  by  the  Treas- 
urer may  be  enforced  by  a  siile  of  the  real  estate  by  the 
Comptroller,  while  the  tax  or  assessment  is  a  hen.  Such 
sale  shall  take  place  not  later  than  the  thirtieth  day  of 
June  in  every  year. 

Thus  amended  by  L.  1898,  c.  280,  Sec.  2. 

Prior  to  this  the  tax  sale  was  retiuired  to  be  held  in  April  or 
May. 

§  109.  When  the  returned  taxes  and  assessments  are 
upon  the  same  parcel  of  land,  such  parcel  shall  not  be 
sold  for  less  than  the  aggregate  amount  of  them,  but 
when  they  are  upon  parcels  of  different  boundaries, 
although  in  part  the  same,  each  parcel  shall  be  sold 
separately. 

§  110.  The  Comptroller  shall  cause  to  be  published 
twice  in  each  week,  for  three  weeks,  in  the  official  paper, 
a  list  or  statement  of  the  real  estate  charged  with  the 
payment  of  such  taxes  and  assessments,  with  additions, 
fees,  interest,  and  expenses,  and  so  liable  to  be  sold,  and 
also  a  notice  that  the  said  real  estate  will,  on  a  day  at 
the  expiration  of  the  said  three  weeks,  to  be  specified  in 
such  notice,  and  the  succeeding  days,  be  sold  at  public 
auction  to  the  highest  bidder,  at  the  city  and  county  hall 
in  the  said  city  of  Buffalo,  to  pay  the  taxes,  additions, 
fees,  interest,  and  expenses  thereon,  which  may  remain 
unpaid  at  the  time  of  such  sale;  the  expense  of  pub- 
lishing such  list  and  notices  shall  not  exceed  the  sum  of 
one  dollar  for  each  parcel  of  land  so  advertised.  On 
th'c  day  named  in  said  notice,  the  said  Comptroller  shall 
commence  the  sale  of  said  real  estate  at  auction  to  the 
highest  l)id(ler,  and  shall  continue  such  sale  from  day  to 
day  until  the  whole  thereof  shall  be  sold;  but  the  owner 
of  any  piece  of  land,  or  his  representatives,  may  redeem 
the  same  at  any  time  before  the  actual  sale  thereof,  by 
paying  the  tax  or  taxes  for  which  it  is  to  be  sold,  with 
all  accrued  interest,  additions,  fees,  and  expenses.     It 


Title  IV.]  REVISED    CITY    CHARTER.  73 

shall  be  the  duty  of  the  Comptroller  to  bid  in  for  the 
city  all  parcels  of  real  estate  at  such  sale,  which  shall 
not  be  purchased  by  any  other  person  at  a  rate  sufficient 
to  pay  the  taxes  for  which  the  land  is  to  be  sold,  with 
all  the  acciTied  interest,  additions,  fees,  and  expenses. 

§  111,  If  the  real  estate  shall  sell  for  more  than  the 
amount  of  the  tax,  interest,  additions,  and  expenses 
aforesaid,  the  surplus  shall  be  paid  over  by  the  Comp- 
troller into  the  Supreme  Court,  by  dehvering  the  same  to 
the  County  Treasurer  of  Erie  County;  and  such  court 
shall  ascertain  and  determine  who  is  entitled  to  such 
money,  and,  if  it  shall  appear  that  such  proceedings  are 
valid  and  regular,  order  and  decree  its  distribution  and 
payment  to  the  person  or  persons  entitled  thereto.  And 
if  any  of  such  surplus  shall  remain  unclaimed  in  said 
court  for  the  period  of  ten  years,  the  same,  with  accrued 
interest  thereon,  shall,  on  apphcation  of  the  Corporation 
Counsel  ,and  after  publication  of  notice  that  such  appli- 
cation has  been  made  in  the  official  paper  for  ten  succes- 
sive issues  thereof,  Sunday  and  legal  holidays  excepted, 
be  paid  to  the  Treasurer  of  the  city,  and  added  to  the 
local  redemption  fund. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  10. 

This  amendment  substituted  the  County  Treasurer  as  deposi- 
tary in  place  of  the  Clerk  of  the  old  Superior  Court  of  Buffalo. 

§  112.  The  purchasers  at  such  sale  shall  pay  the 
amounts  of  their  respective  bids  to  the  Comptroller 
within  forty-eight  hours  after  the  sale,  and  thereupon  the 
Comptroller  shall  execute  to  each  purchaser,  including 
the  city,  a  certificate  in  writing,  which  shall  contain  a 
description  of  the  real  estate  purchased,  the  amount  paid 
therefor,  the  date  of  the  sale,  and  that  the  same  was  sold 
for  unpaid  city  taxes  and  assessments.  Such  purchaser 
or  his  legal  representative  or  assigns,  may,  upon  receiv- 
ing such  certificate,  by  virtue  thereof,  and  of  this  act, 
lawfully  hold  and  enjoy  for  his  and  their  own  proper  use 
and  benefit,  and  the  use  and  benefit  of  his  and  their  heirs 


74  REVISED    CITY    CHAUTKH.  [Title  IV. 

and  assigns  forever,  the  real  estate  described  in  said  cer- 
tificate, unless  the  same  shall  be  redeemed  as  hereinafter 
provided.  And  he  and  his  heirs  and  assigns  ma}',  and  at 
any  time  after  the  time  limited  in  the  one  hmidred  and 
fourteenth  section  of  this  act,  for  the  redemption  of  such 
premises  shall  have  expired,  and  the  notice  therein  pro- 
vided for  been  given,  and  said  premises  shall  not  have 
been  redeemed  as  therein  provided,  and  not  before,  ob- 
tain actual  possession  of  the  premises  by  an  action  at  law 
or  by  causing  the  occupant  of  such  real  estate  to  be  re- 
moved therefrom,  and  the  possession  thereof  to  be  de- 
livered to  him  in  the  same  manner,  and  by  the  same 
proceedings,  by  and  before  the  same  officers  as  in  the  case 
of  a  tenant  holding  over  after  the  expiration  of  his  term 
■without  permission  of  his  landlord. 

§  113.  The  city  shall  borrow,  for  a  time  not  exceeding 
five  years,  money  sufficient  to  pay  its  purchases  at  such 
tax  sales,  and  place  in  the  city  treasury,  to  the  credit  of 
each  tax  and  assessment  for  which  sales  were  made,  its 
portion.  All  moneys  received  on  the  redemption  of 
lands  struck  off  to  the  city  at  such  sale,  or  for  assign- 
ments of  certificates  of  sale,  shall  constitute  a  fund  for 
the  payment  of  the  money  borrowed.  As  soon  as 
practicable  after  the  city  shall  have  borrowed  money, 
and  placed  it  in  the  treasury  as  aforesaid,  it  shall  be  the 
duty  of  the  Treasurer  to  publish  a  notice  five  days  in  the 
official  paper,  that  he  will  pay  all  local  fund  warrants, 
the  funds  to  pay  which  have  been  provided  by  the  money 
so  borrowed  and  placed  in  the  treasury,  at  any  time 
within  ten  days  from  the  time  of  the  first  publication  of 
such  notice,  and  interest  on  such  warrant  shall  cease  at 
the  end  of  ten  days  from  the  time  of  the  first  publication 
of  such  notice.  If  it  shall  appear  at  any  time  after 
passage  of  this  act  that  the  city  is  the  owner  of  tax  sale 
certificates,  or  tax  deeds,  or  both,  acquired  by  it,  either 
at  the  annual  tax  sales  of  the  city  or  otherwise,  and  that 
the  real  property  covered  by  such  tax  sale  certificates, 


Title  IV.]  REVISED    CITY    CHARTER.  75 

or  tax  deeds,  or  both,  shall  not  have  been  redeemed  from 
the  tax  sale  or  sales  represented  by  such  tax  sale  certifi- 
cate or  certificates,  or  tax  deed  or  deeds,  or  both,  and 
that  the  money  borrowed  by  the  city,  as  in  this  section 
provided,  to  pay  for  the  purchases  at  the  annual  tax 
sales  represented  by  such  tax  sale  certificates,  or  tax 
deeds,  or  both,  has  been  paid,  it  shall  be  lawful  for  the 
city  to  issue  its  bonds  in  a  sum  not  to  exceed  the  amount 
of  money  invested  by  the  city  in,  and  represented  by 
such  tax  sale  certificates,  or  tax  deeds,  or  both;  the 
interest  on  such  last-mentioned  bonds  shall  be  payable 
semi-annually;  one-tenth  of  the  principal  thereof  to  be 
payable  each  year  after  the  issue  of  the  same  until  the 
whole  amount  is  paid;  such  last-mentioned  bonds  shall 
be  issued,  as  the  Common  Council  shall  direct,  by  the 
Mayor  and  Comptroller,  under  the  seal  of  the  city,  and 
shall  be  payable  at  such  place  as  the  Council  shall  desig- 
nate, and  such  last-mentioned  bonds  shall  be  sold  in  the 
manner  provided  by  section  four  hundred  and  ninety-two 
of  the  act  hereby  amended.  The  principal  and  interest 
of  such  last-mentioned  bonds  shall  be  payable  out  of  the 
fund  provided  and  created  by  this  section,  and  there 
shall  be  raised,  in  each  fiscal  year  after  the  issue  of  said 
last-mentioned  bonds,  by  general  taxation,  an  amount 
sufficient  to  provide  necessaiy  moneys  in  said  fund  to 
meet  the  payments  of  principal  and  interest  of  such  last- 
mentioned  bonds,  and  for  that  purpose  it  shall  be  the 
duty  of  the  Comptroller  to  mclude  and  insert  m  the 
general  fund  estimates  of  the  city  in  each  year  that  said 
last-mentioned  bonds  shall  be  outstanding  and  unpaid, 
a  sum  sufficient  to  provide  the  necessary  moneys  for  the 
fund  created  as  above  mentioned  to  meet  the  payments 
of  principal  and  interest  of  such  bonds. 
Thus  amended  by  L.  1903,  c.  45. 

This  amendment  added  all  from  the  beginning  of  the  fourth 
sentence,  ''  If  it  shall  appear  at  any  time,"  to  the  end  of  the  section. 

§  114.     The  owner  of,  or  any  person  interested  in,  or 
having  a  lien  upon  any  real  estate  sold  for  taxes  and 


76  REVISED    CITY   fHAKTEH.  [Title  IV. 

assessments,  as  aforesaid,  may  redeem  the  same  at  any 
time  within  nine  months  after  the  date  of  such  sale,  Vjy 
paying  to  the  Comptroller,  for  the  use  of  the  purchaser 
upon  such  sale,  his  heirs  and  assigns,  the  sum  mentioned 
in  the  certificate  given  to  him,  and  the  interest  on  the 
amount  of  tax,  additions,  fees,  interest,  and  expenses,  at 
the  rate  of  twelve  per  centum  per  annum,  and  on  the 
balance  of  said  sum  at  the  rate  of  six  per  centum  per 
annum,  to  be  calculated  from  the  date  of  such  certificate, 
and  in  case  such  redemption  shall  be  made  after  nine 
months,  and  before  two  years  after  the  date  of  such  sale, 
a  further  sum  of  ten  dollars  to  pay  for  the  expenses  of 
searching,  and  publishing,  and  serving  the  notices  herein 
prescribed.  After  the  expiration  of  two  years  from  the 
date  of  sale  the  Comptroller  may  receive  the  deposit  last 
above  set  forth,  but  shall  not  record  the  redemption  of 
such  lands  until  the  certificate  issued  by  him  upon  such 
sale  shall  be  returned  to  him  canceled  by  the  purchaser 
or  his  assigns,  or  its  loss  proven.  Notice  shall  be  given 
by  the  purchaser  of  any  real  estate  sold  for  taxes  under 
the  provisions  of  this  act  to  the  occupant,  owner  in  fee, 
registered  agent  of  the  owner,  attorney  in  fact,  whose 
power  of  attorney  is  recorded,  trustee,  mortgagee,  or  his 
registered  tax  agent,  judgment  creditor  or  purchaser 
upon  any  other  city  tax  sale  of  the  same  property  whose 
certificate  is  lien  on  said  premises,  and  the  heirs  and 
assigns  of  any  or  either  of  them,  and  the  guardian  of  any 
infants  having  any  interest  therein,  and  on  any  other 
person  having  a  lien  or  claim  on  the  premises  affected  by 
such  sale,  at  any  time  after  the  expiration  of  nine  months 
from  the  date  of  such  sale,  except  that  it  shall  not  be 
necessaiy  to  serve  such  notice  upon  the  city  of  Buffalo 
or  the  county  of  Erie,  or  the  holders  of  county  tax  sale 
certificates.  Such  notice  shall  either  be  written  or  partly 
written  and  partly  printed,  and  shall  state  briefly  the 
lot  or  parcel  of  land  to  be  redeemed,  the  amount  due  at 
the  time  of  sale,  the  amount  for  which  the  property 
was  sold  and  the  expenses  of  making  searches  thereon, 


Title  IV .]  REVISED    CITY    CHARTER.  77 

the  last  day  of  redemption  of  any  such  real  estate,  and 
the  office,  or  place,  and  hours  when  and  where  the  money 
for  such  redemption  can  be  paid,  which  office  or  place  of 
business  shall  be  in  the  city  of  Buffalo,  and  which  hours 
shall  be  between  nine  o'clock  in  the  forenoon,  and  four 
and  one-half  o'clock  in  the  afternoon.  The  last  day  of 
redemption  to  be  specified  in  said  notice  shall  be  not  less 
than  three  months  from  the  day  of  service  of  the  same, 
nor  prior  to  two  years  from  the  date  of  such  sale.  Such 
notice  shall  be  served  personally  or  left  with  some  person 
of  suitable  age  and  discretion,  at  the  residence  or  place 
of  business  of  any  and  all  persons  entitled  to  such  notice, 
if  they  or  any  of  them  reside  in  the  city  or  have  a  place 
of  business  therein;  and  in  case  they  or  any  of  them  do 
not  reside  or  have  a  place  of  business  in  said  city,  then 
such  notice  shall  be  deposited,  postage  paid,  in  the  post- 
office,  addressed  to  them  at  the  postoffice  at  or  nearest 
to  their  known  place  of  residence;  and  if  the  residence  or 
address  of  any  such  person  or  persons  be  not  known  to 
the  holder  of  such  certificate,  then  such  notice  shall  be 
deposited,  postage  paid,  in  the  postoffice,  addressed  to 
them  at  the  postoffice  at  or  nearest  to  their  reputed 
place  of  residence,  and  if,  after  dihgent  inquiry  no  in- 
formation can  be  obtamed  as  to  their  last -reputed  place 
of  residence,  then  said  notice  shall  be  deposited,  postage 
paid,  in  the  postoffice,  addressed  to  them  at  Buffalo, 
New  York.  The  expenses  of  maihng,  serving,  and  pub- 
lishing such  notice  shall  be  added  to,  and  become  a  part 
of  the  amount  required  to  be  paid  for  the  redemption 
of  such  real  estate.  The  Clerk  of  Erie  County  shall,  upon 
the  apphcation  of  any  purchaser  of  any  lot  or  lots,  or  his 
assignees,  make  a  full  and  complete  search  of  such  prop- 
erty, including  a  tax  search,  setting  out  in  full  the  facts 
upon  the  records  of  his  office  and  elsewhere  necessary  to 
enable  such  holder  to  serve  the  notice  herein  required, 
and  shall  be  entitled  to  charge  therefor  the  sum  of  five 
dollars  for  a  full  and  complete  title  search,  and  two  dol- 
lars and  fifty  cents  for  a  continuation  of  such  search,  and 


78  liKVISED    (  ITV    CHARTER.  ['I'ltlc  IV. 

one  dollar  for  a  tax  search.  It  shall  he  the  duty  of  the 
Comptroller  whenever  any  j)arcel  of  land  shall,  under  the 
provisions  of  this  act,  be  struck  off  to  the  city,  to  season- 
ably procure  from  the  County  Clerk  the  necessary 
searches  to  enable  the  city  to  perfect  its  title  to  said 
lands,  and  he  shall,  in  his  annual  ostiniate  for  his  depart- 
ment, include  a  sufficient  sum  to  enable  him  to  cany  the 
same  into  effect. 

Thus  amended  by  L.  1898,  c.  280,  Sec.  3,  and  L.  1902, 
c.  566,  Sec.  1. 

§  115.  If  such  real  estate,  or  any  part  thereof,  be 
not  redeemed  as  herein  provided,  the  Comptroller  shall 
execute  to  the  purchaser,  including  the  city,  its  or  his 
heirs,  successors  or  assigns,  upon  surrender  of  said  cer- 
tificate, and  upon  the  j)urchaser's  taking  and  paying  for 
an  assignment  of  all  outstanding  prior  tax  liens  held  by 
the  city  upon  the  premises,  a  conveyance  of  the  real 
estate  so  sold,  which  conveyance  shall  vest  in  the  grantee 
an  absolute  estate  in  fee,  subject  to  all  claims  which  the 
city  may  have  thereon  for  taxes  or  other  liens  or  encum- 
brances. The  Comptroller  shall  be  entitled  to  demand 
and  receive  from  such  grantee,  for  the  use  of  the  city,  the 
sum  of  one  dollar  for  preparing  such  conveyance.  Every 
such  conveyance  shall  be  attested  by  the  Mayor  and 
signed  by  the  City  Clerk,  and  the  seal  of  the  city  attached 
thereto,  and  when  so  executed  shall  be  conclusive  evi- 
dence that  the  sale  was  regular,  and  also  presumptive 
evidence  that  all  proceedings  prior  to  the  sale,  from  and 
including  the  assessment  of  the  lands  sold,  and  that  all 
notices  required  by  law  to  be  given  ])revious  to  the  expi- 
ration of  the  time  allowed  by  law  for  the  redemption 
thereof  were  regular  according  to  law,  and  the  provisions 
of  this  act.  After  six  years  from  the  date  of  such  con- 
veyance such  presumption  sluill  be  conclusive.  Every 
certificate  or  conveyance  executed  in  pursuance  of  this 
act  may  be  recorded  in  the  vSame  manner,  and  with  like 
effect  as  a  deed  acknowledged  or  proved  before  any 


Title  JV .]  kp:mskd  f  itv  •  hartkh.  79 

officer  authorized  by  law  to  take  proof  and  acknowl- 
edgment of  deeds. 

Thus  amended  by  L.  1898,  c.  280,  Sec.  4. 

§  116.  It  shall  be  presumed  that  every  tax  levied  and 
assessment  made  is  valid  and  regular,  and  that  all  the 
steps  and  proceedings  required  by  law  were  taken  and 
had,  until  the  contrar}^  shall  be  made  to  appear.  Any 
action  or  proceeding  conmienced  by  any  person  or  per- 
sons to  test  the  vahdity  or  regularity  of  any  tax  levied 
or  asse.ssment  made,  shall  be  commenced  within  one  year 
from  the  time  of  the  delivery  of  the  roll  in  which  said  tax 
or  asses.sment  is  contained  to  the  Treasurer,  and  the  first 
pubhcation  of  notice  of  receipt  of  .same;  the  in  vahdity  or 
irregularity  of  any  tax  or  assessment  shall  not  be  avail- 
able as  a  defen.se  to  any  action  or  proceeding  commenced 
after  the  expiration  of  one  year  from  the  deliver}^  of  the 
roll  and  publication  as  aforesaid,  for  the  collection  of  said 
tax  or  asse.ssment,  or  for  the  enforcement  of  any  right  or 
title,  by  virtue  of  any  sale  thereunder,  unle.ss  an  action 
or  proceeding  to  test  the  validity  or  regularity  of  such 
tax  or  a.sses.sment  shall  have  been  commenced  within  the 
time  hereinbefore  limited  for  commencing  the  same,  and 
shall  be  still  pending,  or  such  tax  or  asse&sment  shall 
have  been  adjudged  to  be  irregular  and  invahd. 

§  117.  AVhenever  any  purcha.ser  under  such  .sale,  or 
his  heirs  or  assigns,  shall  be  unable  to  recover  or  retain 
possession  of  any  real  estate  sold  to  him  by  reason  of 
any  irregularity  or  error  in  the  asses.sment  of  any  person 
or  property,  or  the  le^ying  of  any  tax  thereon,  or  in  any 
proceedings  for  the  collection  of  any  tax,  the  Common 
Council  shall  reimburse  the  purchase-money  .so  paid,  with 
interest,  from  the  time  of  its  pajmient,  at  the  rate  of  six 
per  centum  per  annum,  the  amount  thereof  to  be  pre- 
sented and  audited  as  other  city  charges,  and  paid  by 
the  Comptroller;  and  thereupon  the  Common  Council 
shall  order  a  reassessment  of  any  amount  or  sum  .so  paid 
upon  the  same  real  estate  or  against  the  same  person. 


80  KKVISKD    CITY    C'HARTF.U.  [7'///c  /F. 

which  shall  for  all  the  purposes  of  this  act  be  deemed, 
and  taken  to  be,  an  original  general  city  tax  or  assess- 
ment as  of  the  date  of  such  reassessment. 

§  118.  No  action  shall  be  brought  or  maintained  upon 
any  assessment  for  local  improvements,  except  local 
assessments  for  sidewalks  and  crosswalks.  The  tax-roll, 
when  delivered  to  the  Treasurer,  shall  be  presumptive 
evidence  that  all  the  previous  proceedings,  including  the 
assessing  and  levying  of  the  tax,  were  regular  and  ac- 
cording to  law. 

§  119.  Nothing  contained  in  this  act  shall  be  held  or 
construed  as  in  any  way  affecting  the  validity  or  lien  of 
any  state  or  county  tax  heretofore  levied  or  hereafter  to 
be  levied  or  assessed  upon  or  against  any  lands  in  the 
city. 

§  120.  The  Common  Council  shall  not,  unless  by 
unanimous  vote,  allow  owners  or  others  interested  in 
lands  sold  to  said  city,  for  the  non-payment  of  taxes  or 
assessments,  to  redeem  the  same  unless  by  the  payment 
of  the  amount  for  which  such  sale  shall  have  been  made, 
and  all  accrued  interest  thereon,  and  the  expenses  prop- 
erly charged  thereon. 

§  121.  The  Comptroller  shall  enter  and  record  in  his 
office  his  proceedings  upon  such  sales,  and  all  certificates 
granted  by  him,  and  all  redemptions,  and  all  proceedings 
whereby  sales  are  defeated  or  discharged.  He  shall  also 
file  and  record  all  notices  of  sales  published  by  him,  to- 
gether with  his  own  affidavit,  or  that  of  the  publisher  or 
foreman  of  the  official  ])apcr,  of  the  publication  of  such 
notices,  and  of  all  other  notices  which  have  been  given 
by  him;  and  he  shall  keep  a  record  of  all  certificates  and 
conveyances  made  by  him  under  section  one  hundred  and 
fifteen  of  this  act.  When  land  has  been  sold  for  the  non- 
payment of  city  taxes  prior  to  the  twelfth  day  of  May, 
eighteen  hundred  and  eighty,  and  no  deed  or  declaration 
of  sale  has  been  granted  on  such  sale,  the  owner  of  such 


Title  IV.]  REVISED    CITY   CHARTER.  81 

land  may  pay  to  the  Comptroller  the  amount  of  the  face 
of  such  sale,  and  the  land  shall  from  the  date  of  such 
payment  be  free  from  any  lien  of  said  tax  sale.  The 
money  so  paid  to  the  Comptroller  shall  be  deposited  in 
the  general  fund.  The  owner  of  any  certificate  of  sale, 
the  amount  of  which  may  have  been  paid  to  the  Comp- 
troller as  aforesaid,  shall,  upon  surrender  thereof,  and 
upon  due  proof  of  ownership,  be  entitled  to  receive  from 
the  city  the  amount  so  paid  without  interest. 
Thus  amended  by  L.  1901,  c.  376,  Sec.  1. 

This  amendment  added  the  latter  part  of  the  section,  relating  ' 
to  land  sold  for  taxes  prior  to  May  12,  1880. 

§  122.  When  it  shall  be  discovered  that  the  proceed- 
ings in  ordering  or  levying  any  tax,  or  in  ordering  or 
making  any  assessment,  have  been  so  irregular  as  to 
render  them  illegal  and  void,  the  Common  Council  may 
annul  them,  or  may  annul  all  of  them  subsequent  to  and 
including  the  irregularity,  and  may  begin  the  proceeding 
anew,  or  from  the  point  where  irregularity  occurred. 

§  123.  When  any  lands  are  imperfectly  described  in 
any  tax  or  assessment-roll,  the  Common  Council  may 
direct  the  assessors  to  correct  the  description. 

§  124.  The  assessors,  at  any  time  before  the  lands  are 
advertised  for  sale  for  the  non-payment  of  the  tax  or 
assessment,  and  not  after,  may  correct  the  imperfect 
description. 

§  125.  A  mortgagee  of  lands  situate  in  the  city,  who 
resides  out  of  it,  may  appoint  an  elector  of  the  city  as  his 
tax  agent,  in  the  manner  provided  in  this  act.  Upon  the 
presentation  of  such  appointment  to  the  Comptroller,  he 
shall  file  the  same,  and  register  the  names  in  a  book  to  be 
kept  by  him  for  that  purpose. 

§  126.  The  holder  of  a  certificate  of  sale  shall  be 
allowed  twenty-five  cents  for  every  notice  to  redeem 
necessarily  served,  twelve  cents  for  every  affidavit  neces- 
sarily made  and  filed,  and  the  amoilnt  actually  and 


82  REVISED    CITY    CHARTER.  [Title  IV. 

necessarily  paid  for  publication,  postage,  and  searches, 
not  exceeding  five  dollars  for  a  full  and  complete  title 
search,  and  two  dollars  and  fifty  cents  for  a  continuation 
of  such  search,  and  one  dollar  for  a  tax  search.  In  case 
the  city  of  Buffalo  be  the  holder  of  such  certificate  of 
sale,  such  notice  to  redeem  shall  be  served  by  a  clerk, 
under  the  supervision  of  the  Comptroller,  and  the  fees 
allowed  and  collected  for  such  service  shall  belong  to  the 
city  of  Buffalo,  and  be  paid  over  to  the  City  Treasurer. 
When  the  same  person  holds  more  than  one  certificate  of 
sale  on  the  same  parcel  of  land,  he  shall  be  allowed  for 
but  one  search.  He  shall  make  out  a  bill  of  the  allow- 
ances claimed  by  him  in  items,  naming  the  persons  on 
whom  the  notices  were  served,  and  stating  who  was 
served  as  owner,  mortgagee  or  occupant ;  and  shall  annex 
to  it  his  affidavit  that  the  charges  in  the  bill  are  just, 
and  were  necessarily  incurred,  and  that  the  notices 
charged  were  not  served  upon  any  person  whom  the 
law  did  not  require  to  be  served.  He  shall  annex  such 
a  bill  to  a  copy  of  the  certificate  of  sale,  and  file  the  same 
with  the  Comptroller.  If  there  be  any  dispute  in  respect 
to  the  bill,  the  Comptroller  shall  adjust  it.  If  any  re- 
demption is  made  after  the  expiration  of  nine  months 
from  the  sale,  and  before  a  bill  of  the  allowances  claimed 
has  been  filed,  the  person  redeeming  shall  deposit  with 
the  Comptroller  ten  dollars.  The  Comptroller  shall, 
with  said  ten  dollars,  pay  the  bill  of  allowances,  when 
filed,  which  shall  in  no  case  exceed  that  sum,  and  return 
the  surplus,  if  any,  to  the  party  who  deposited  it,  on 
demand. 

Thus  amended  by  L.  1898,  c.  280,  Sec.  5,  and  L.  1902, 
c.  566,  Sec.  2. 

§  127.  If  any  person  having  a  lien  by  mortgage  or 
judgment,  upon  lands  sold  for  taxes  or  assessments,  shall 
redeem  them  from  the  sale,  he  may  add  the  amount  paid 
to  redeem  to  his  mortgage  or  judgment,  and  enforce  it 
with  interest  as  part  thereof. 


Title  v.]  REVISED    CITY    CHARTER.  83 

§  128.  Any  person  may  pay  any  one  or  more  taxes 
or  assessments  upon  his  property,  leaving  others  unpaid, 
to  be  enforced  in  the  manner  provided  by  this  act. 


TITLE  V. 
Chapter   I. 

DEPARTMENT    OF    ASSESSMENT. 

§  129.  Board  of  Assessors.— There  shall  be  a  Depart- 
ment of  Assessment,  of  which  a  board,  to  consist  of  three 
Assessors,  shall  be  the  head. 

Thus  amended  by  L.  1902,  c.  191,  Sec.  1. 

This  law  reduced  the  number  of  Assessors  from  five  to   three. 

§  130,  The  five  Assessors  in  office  at  the  time  this  act 
shall  take  effect  shall  hold  their  office  during  the  term 
for  which  they  were  elected  respectively.  The  Assessor 
w^hose  term  of  office  shall  first  expire  shall  be  chairman 
of  the  board.  No  persons  shall  be  elected  or  appointed 
to  succeed  the  two  Assessors  whose  terms  of  office  first 
expire,  and  in  case  of  a  vacancy  in  the  office  of  either  or 
both  of  said  two  Assessors,  said  office  or  offices  shall 
thereupon  cease  and  determine,  and  the  remaining 
Assessors  shall  constitute  the  Board  of  Assessors.  The 
terms  of  office  of  Assessors  hereafter  to  be  elected  shall 
be  so  arranged  that  the  term  of  office  of  one  Assessor 
shall  expire  at  the  end  of  each  odd-numbered  year.  At 
the  election  to  be  held'in  the  year  nineteen  hundred  and 
five,  two  Assessors  shall  be  elected,  and  they  shall  draw 
lots  to  determine  who  shall  hold  office  for  the  full  term 
of  six  years,  and  who  shall  hold  office  for  four  years. 

Thus  amended  by  L.  1902,  c.  191,  Sec.  2. 

§  131.  At  each  municipal  election  Assessors  shall  be 
elected  to  succeed  those  whose  terms  of  office  will  expire 
before  the  next  municipal  election.. 


84  REVISED    CITY   CHARTER.  [Title  V. 

Thus  amended  by  I..  1895,  c.  805,  Sec.  11. 

§  132.  A  majority  of  the  Board  of  Assessors  shall 
constitute  a  quorum  for  the  transaction  of  business. 

§  133.  The  Board  of  Assessors  shall  have  the  power  of 
appointing  and  removing  its  subordinates.  The  number 
of  subordinates,  and  their  compensation  shall  be  fixed  by 
the  Common  Council. 

§  134.  The  Board  of  Assessors  shall  be  the  board  of 
valuation  and  assessment  for  the  city,  and  shall  have 
such  powers  and  perform  such  duties,  in  addition  to 
those  herein  prescribed,  as  may  be  prescribed  by  general 
laws  applicable  thereto,  and  not  inconsistent  with  the 
provisions  of  this  act. 

Thus  amended  by  L.  1902,  c.  191,  Sec.  3. 

The  provision  previously  was  that  they  should  "  have  the  powers 
and  duties  of  Assessors  of  towns,  except  as  otherwise  provided  by 
this    act." 

§  135.  No  Assessor  shall  actually  take  part  in  appor- 
tioning the  amount  of  a  local  assessment  to  be  spread  on 
any  parcel  of  land  in  which  he  is  interested,  but  he 
may  take  part  in  apportioning  the  other  assessments 
in  the  same  roll,  and  may  sign  the  copy  of  the  revised 
roll.  If  a  majority  of  the  Assessors  shall  be  interested 
in  the  same  parcel  of  land  to  be  assessed  in  a  local  roll, 
the  Mayor  may  appoint  a  sufficient  number  of  electors 
of  the  city  to  act  with  the  qualified  Assessors  in  a]:)por- 
tioning  the  amount  of  the  assessment  to  be  spread  on 
such  parcel.  The  persons  so  appointed  shall  take  the 
oath  of  office  which  shall  l)e  annexed  to  the  roll,  and 
the  copy  of  the  revised  roll  shall  be  signed  by  them,  as 
well  as  by  the  other  Assessors,  and  they  shall  each  receive 
five  dollars  a  day  for  their  services,  which  shall  be  paid 
out  of  the  general  fund. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  12. 

§  136.  The  Board  of  Assessors  shall  keep  in  their 
office  maps  and  surveys  of  all  the  taxable  real  property 


Title  F.]  REVISED    CITY    CHARTER.  85 

in  the  city,  certified  by  the  Chief  Engmeer  of  the  De- 
partment of  PiibHc  Works,   which   maps  and  surveys 
shall  show  the  location  and  boundaries  of  each  piece  of 
taxable  real  property,  as  nearly  as  practicable,  and  the 
name  of  the  owner,  or  of  one  of  the  owners  as  shown  by 
the  conveyance  presented  to  them.     The  Assessors  shall 
have  the  power,  and  it  shall  be  their  duty,  to  make  nota- 
tions in  pencil  on  such  maps  and  surveys,   showing 
changes  in  boundaries  and  ownership  of  the  parcels  of 
land  indicated  thereon,  when  such  changes  are  made  by 
deeds  or  subdivision  maps  filed  for  record  in  the  office  of 
the  Clerk  of  Erie  County,  and  not  othei-wise ;  and  such 
notations  shall  be  deemed  to  be  a  part  of  such  maps  and 
surveys.     If  any  change  is  made  in  the  boundaries  of  a 
parcel  or  parcels  of  land  as  shown  on  said  Assessors'  maps 
and  surveys,  by  deed  or  by  subdivision  map  filed  in  the 
office  of  the  Clerk  of  Erie  County,  the  Assessors  shall, 
before  changing  said  boimdaries  on  their  said  maps  and 
surveys,  make  a  copy  of  said  map  or  said  parcel  or  parcels 
of  land,  which  said  copy  shall  de  dated  and  certified  by 
one  Assessor  to  be  correct,  and  shall  be  filed  in  the  office 
of  said  board,  and  shall  be  deemed  a  part  of  said  Assess- 
ors' maps  and  surveys.     Reference  shall  be  made  to  such 
maps  and  surveys  in  the  annual  assessment  rolls,  in  all 
local  assessment-rolls,  in  certificates  of  sale  for  unpaid 
taxes,  in  notices  to  redeem,  and  in  all  conveyances  of 
property  sold  for  unpaid  taxes,  and  said  maps  and  sur- 
veys shall  be  deemed  a  part  of  said  assessment-rolls, 
certificates,  notices,  and  conveyances  of  property  sold. 
Reference  to  such  maps  and  surveys  in  assessment-rolls 
may  be  made  generally  in  the  captions  thereto.     Every 
deed  or  other  instrument  of  conveyance  of  lands  in  the 
city,  and  eveiy  subdivision  map  of  land  filed  with  the 
Clerk  of  Erie  County  shall,  within  forty-eight  hours  after 
said  filing   be  presented  by  said  Comity  Clerk  to  said 
Board  of  Assessors,  for  the  purpose  of  making  the  changes 
on  their  said  maps  and  surveys  asprovided  for  herein. 
If  said  County  Clerk  fails  or  refuses  to  present  said  deeds 


80  KKVISKD    CITY    CHARTER.  [7'///^^   V. 

or  maps  as  aforesaid,  he  shall  be  personally  liable  to  the 
city  or  to  any  person  for  any  damages  caused  by  said 
neglect  or  refusal.  No  map  subdividing  lots  upon  a  new 
or  proposed  street,  or  i)urporting  to  show  or  dedicate  a 
new  street  or  proposed  street,  shall  be  filed  in  the  office 
of  said  County  Clerk  or  copied  by  said  Assessors  on  their 
said  maps  and  surveys,  unless  there  is  attached  thereto 
a  certificate  of  the  Board  of  Public  Works  that  said  street 
has  been  duly  accepted  by  the  city  pursuant  to  the  pro- 
visions of  section  four  hundred  and  two  of  this  act. 
When  lands  have  been  marked  upon  tlie  Assessors'  maps 
in  ink  as  a  public  street,  avenue,  alley  or  square,  and  a 
map  or  plot  thereof  has  been  filed  in  the  Erie  County 
Clerk's  office  by  the  owner,  showing  the  same  as  a  public 
street,  avenue,  alley  or  square,  within  fifteen  years  prior 
to  the  first  day  of  Januaiy,  eighteen  hundred  and  ninety- 
five,  or  hereafter,  and  the  same  have  been  exempted 
from  taxation  at  the  instance,  or  with  the  consent  of  the 
owner,  or  where  adjacent  lands  of  the  same  owner  have 
been  conveyed  and  taxed,  bounding  on  any  such  street, 
avenue,  alley  or  square,  the  same  shall  be  deemed  to 
have  been  duly  dedicated  and  accepted  as  such. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  13,  and  L.  1901, 
c.  376,  Sec.  2. 

§  137.  *Kach  ward  shall  be  deemed  a  town  for  the 
purpose  of  returning  jurors,  and  the  Board  of  Assessors 
shall  select  and  return  jurors  under  article  second,  title 
three,  chapter  ten  of  the  Code  of  Civil  Procedure. 

♦Superseded  by  L.  1895,  c.  369,  Sec.  2,  creating  the  office  of 
Commissioner  of  Jurors  in  Erie  County. 

Chapter  II. 

ANNUAL    ASSESSMENT    ROLL. 

§  138.  The  board  shall  prepare  annual  assessment- 
rolls  of  each  ward,  which  shall  consist  of  two  parts.  The 
first  part  shall  contain  the  valuations  of  all  the  taxable 
lands  of  each  ward,  and  in  it  the  board  shall  set  down : 


Title  P^.]  REVISED    CITY    CHARTER.  87 

1.  The  names  of  the  owners  of  the  taxable  lands,  so 
far  as  the  same  can  be  ascertained. 

2.  A  brief  description  of  said  lands  by  reference  to 
the  Assessors'  maps  and  surveys,  and  such  further  de- 
scription as  the  board  may  deem  proper. 

3.  The  full  and  trae  value  of  said  lands,  exclusive 
of  improvements. 

4.  The  full  and  true  value  of  the  improvements  on 
said  lands. 

5.  The  total  value  of  said  lands  and  improvements 
The  board  shall  also  set  down  in  said  rolls,  the  names 

of  the  owners  of  special  franchises,  such  description  of 
the  special  franchises  as  will  be  sufficient  to  identify 
them,  and  the  value  of  the  special  franchises  as  fixed  by 
the  state  board  of  tax  commissioners.  If  the  special 
franchise  is  located  in  more  than  one  ward,  it  may  be 
set  down  in  the  roll  of  any  ward  in  which  it  is  located. 
No  tax  on  real  property,  or  special  franchises,  shall  be 
invalid  by  reason  of  any  error  or  omission  in  naming  the 
owner  or  owners  in  said  roll,  and  no  tax  upon  lands  de- 
scribed by  reference  to  the  Assessors'  maps  and  surveys 
shall  be  invalid  by  reason  of  any  error  m  the  description 
of  said  land,  if  it  is  sufficiently  definite  to  locate  said  land 
upon  the  Assessors'  maps  and  surveys.  The  second  part 
shall  contain  the  names  in  alphabetical  order  of  all  the 
inhabitants  of  the  city,  corporations,  and  associations, 
deemed  taxable  in  each  ward  upon  personal  estate,  and 
opposite  to  each  shall  be  set  down  the  full  value  or  his  or 
its  taxable  personal  estate.  It  shall  complete  the  rolls 
on  or  before  the  second  day  of  January  in  each  year,  and 
thereupon  publish  a  notice  in  the  official  paper,  twice 
a  week  for  two  weeks,  that  said  rolls  have  been  completed, 
and  may  be  seen  and  examined  at  its  office  until  a  day 
specified  in  said  notice,  not  less  than  twenty  days  from 
the  first  publication  thereof.  The  rolls  shall  be  open  to 
public  inspection  during  such  time. 


88  REVISED    CITY    CHAHTEK.  [Title  V. 

Thus  amended  by  L.  1901,  c.  376,  Sec.  3,  and  L.  1905, 
c.  90,  Sec.  1. 

§  139.  During  such  time  apphcation  may  be  made 
by  any  person  considering  himself  to  be  aggrieved  by  the 
assessed  valuation  of  his  real  or  personal  property,  to 
have  the  same  corrected.  If  such  application  be  made 
in  reference  to  the  valuation  of  real  estate,  it  must  be  in 
writing,  stating  the  grounds  of  objection  thereto,  and 
thereupon  the  proper  Assessor  shall  examine  into  the 
complaint,  and  if,  in  his  judgment,  the  assessment  is 
erroneous,  the  board  may  cause  the  same  to  be  corrected. 
If  the  ai)[)lication  be  made  in  relation  to  the  assessed 
valuation  of  personal  estate,  the  applicant  shall  be 
examined  under  oath  by  an  Assessor;  and  if,  in  his  judg- 
ment, the  assessment  is  erroneous,  the  board  shall  cause 
the  same  to  be  corrected. 

§  140.  The  rolls  shall  be  carefully  reviewed  and  cor- 
rected by  the  board.  It  shall  make  two  copies  of  all 
rolls  as  revised  and  corrected,  except  that  it  shall  not  be 
necessary  to  include  in  said  copies  the  separate  valua- 
tions of  said  land  and  improvements,  and  shall  attach 
thereto  a  certificate  to  the  effect  that  they  are  correct 
copies  of  the  rolls  on  file  in  the  office  of  said  board ;  and 
on  or  before  the  fifteenth  day  of  Februaiy,  it  shall  file  one 
copy  of  each  roll  in  the  Comptroller's  office,  and  shall 
deliver  one  copy  of  each  roll  to  the  clerk  of  the  Board  of 
Supervisors  on  or  before  the  first  day  of  October,  which 
shall  be  the  assessment  rolls  of  the  several  wards  for 
city,  county,  and  state  purposes. 

Thus  amended  by  L.  1901,  c.  376,  Sec.  4;  L.  1902, 
c.  191,  Sec.  4,  and  L.  1905,  c.  90,  Sec.  2. 

§  141,  The  Board  of  Assessors  shall  have  the  power  to 
rectify  any  error  committed  in  the  makuig  up  of  the 
annual  assessment-rolls,  and  of  the  assessments  for  local 
improvements,  in  the  following  cases  only: 

1.    When  the  error  is  entirely  clerical. 


Title  v.]  REVISED    CITY   CHARTER.  89 

2.  When  there  is  a  mistake  in  the  name  of  the  party- 
taxed  or  assessed. 

3.  When  the  real  estate  or  the  improvements  thereon 
shall  be  erroneously  described  or  stated. 

4.  When  the  property  that  has  been  assessed  is  by 
law  exempt  from  assessment  or  taxation. 

5.  When  a  correction  shall  have  been  directed  to  be 
made  in  accordance  with  the  provisions  of  section  one 
hundred  and  thirty-nine  of  this  act. 

§  142.     When  a  tax  or  assessment  has  been  or  here- 
after shall  be  imposed  upon  real  property,  any  owner  or 
mortgagee  of  said  property  may  apply  to  the  Assessors 
to  have  such  tax  or  assessment  divided  and  apportioned 
upon  different  parts  of  said  property.     If  the  Assessors 
shall  deem  it  proper  and  feasible  to  divide  and  apportion 
such  tax,  they  may  make  a  statement  showing  the  man- 
ner in  which  the  division  and  apportionment  should  be 
made.     At  any  time  prior  to  the  first  day  of  March  in  the 
year  succeeding  the  year  when  such  tax  or  assessment 
became  a  lien  upon  such  property,  or  on  said  first  day  of 
March  the  City  Treasurer  or  other  official  custodian  of 
the  roll  in  which  such  tax  or  assessment  appears,  upon 
the  presentation  to  him  of  the  said  statement  of  the 
Assessors,  shall  receive  and  receipt  for  the  tax  or  assess- 
ment so  divided  and  apportioned,  and  make  the  proper 
entry  thereof  on  the  tax  or  assessment-roll.     Thereupon 
the  real  property  upon  which  the  part  paid  is  apportioned 
shall  be  discharged  from  the  hen  of  the  said  tax  or  assess- 
ment.    But  after  said  first  day  of  March  the  City  Treas- 
urer or  other  official  custodian  of  the  roll,  shall  not  re- 
ceive or  receipt  for  any  such  tax  or  assessment  so  divided 
or  apportioned,  except  as  hereinafter,  and  in  this  section 
provided.     Thereafter  any  such  owner  or  mortgagee  may 
present  to  the  Supreme  Court,  at  any  special  term  thereof, 
held  in  Erie  County,  a  petition  asking  that  such  tax  or 
assessment  be  divided  and  apportioned  upon  diff  rent 
parts  of  the  property  assessed,  according  to  the  state- 


90  REVISED   CITY   CHARTER.  [Title  V. 

mcnt  of  the  Assessors  or  othei-wise.  Such  jjetition  shall 
show  the  names  of  all  the  owners  and  mortgagees  of  said 
real  property  so  far  as  the  same  are  known  or  can  be 
asccrtahied.  The  court  may  by  order  require  the  city 
and  the  owners  and  mortgagees  of  the  property  assessed 
to  show  cause  why  such  tax  or  assessment  should  not  be 
divided  and  apportioned.  A  copy  of  such  order  shall 
served  personally  upon  the  Corporation  Counsel,  and 
upon  all  the  owners  and  mortgngces  aforesaid  within  the 
state  if  known.  The  court  shall  give  such  directions  as  to 
the  service  of  non-residents  and  unknown  parties  as  it 
may  deem  proper.  Upon  the  return  day  of  such  order 
to  show  cause  the  court  shall  hear  the  proofs  and  alle- 
gations of  the  parties  appearing,  and  shall  make  such 
order  as  justice  requires.  If  the  court  shall  order  the 
taxes  or  assessments  divided  and  apportioned,  it  shall 
indicate  the  manner  of  division  and  apportionment.  A 
certified  copy  of  such  order  shall  be  filed  with  the  officer 
having  the  custody  of  the  assessment-roll,  and  also  with 
the  Assessors.  An  appeal  from  said  order  may  be  taken 
within  ten  days  from  the  entry  thereof,  but  not  after- 
wards, by  any  person  aggrieved.  After  the  lapse  of  the 
time  to  appeal,  any  person  may  pay  the  tax  or  assess- 
ment or  any  part  thereof  as  divided,  and  the  real  property 
upon  which  the  part  paid  is  apportioned  shall  be  dis- 
charged from  the  lien  of  the  said  tax  or  assessment.  All 
the  proceedings  with  reference  to  said  tax  or  assessment 
to  such  division  and  apportionment  shall  be  the  same, 
and  with  like  effect  as  though  the  tax  or  assessment  had 
been  originally  imposed  as  directed  by  said  order,  and 
a  proper  entiy  shall  be  made  on  the  tax  or  assessment- 
roll.  This  section  shall  apply  to  real  property  heretofore 
sold  for  non-payment  of  taxes  or  assessments  for  which 
a  deed  has  not  been  delivered;  but  if  such  property  has 
been  sold  to  any  purchaser  other  than  the  city,  no  order 
shall  be  made  as  provided  by  this  section  if  the  holder 
of  the  certificate  of  sale  shall  appear  and  object  thereto. 
No  tax  or  assessment  shall  be  deemed  invalid  by  reason 


Title  F.]  REVISED    CITY    CHARTER.  91 

of  being  assessed  upon  real  property  which  has  been  sub- 
divided or  different  portions  of  which  are  owned  by 
different  persons,  and  the  remedy  of  such  persons  shall 
be  confined  to  division  and  apportionment  of  the  tax  or 
assessment  as  in  this  section  provided.  The  Comp- 
troller, wdien  adding  a  local  assessment,  or  installment 
thereof,  to  the  annual  city  tax  rolls,  shall,  if  necessary, 
apply  to  the  Assessors  to  have  such  local  assessment  or 
installment  divided  and  apportioned  upon  the  different 
parcels  of  real  property  separately  described  in  such 
aimual  city  tax  roll  as  nearly  as  may  be,  and  the  Assess- 
ors shall  make  such  division  and  apportionment,  and  the 
said  assessment  or  installment  shall  be  added  to  the 
annual  city  tax  rolls  according  to  such  subdivision  or 
apportionment.  A  local  assessment,  or  installment 
thereof,  may  be  added  to  an  annual  city  tax  in  any  case 
where  they  are  upon  parcels  of  different  boundaries  but 
in  part  the  same.  Any  owner  or  mortgagee  of  said 
property,  or  any  part  thereof,  if  not  satisfied  with  said 
division  and  apportionment,  may  make  apphcation  to 
the  court  to  have  such  assessment  or  installment  divided 
and  apportioned  as  provided  in  this  section,  at  any  time 
within  ten  months  after  the  annual  city  tax  in  the  roll  to 
which  such  assessment  or  installment  is  added  becomes 
a  hen. 

Thus  amended  by  L.  1899,  c.  51;  L.  1900,  c.  707,  Sec.  1, 
and  L.  1907,  c.  338. 

Chapter  III. 

LOCAL    ASSESSMENTS. 

§  143.  The  Common  Council  shall,  unless  otherwise 
provided  by  this  act,  estimate  and  fix  the  amount  of 
money  to  be  raised  by  assessment. 

§  144.  All  assessments  shall  be  made  by  the  Board  of 
Assessors,  and  in  the  order  in  which  they   shall  be  esti- 


92  REVISED    CITY   CHARTER.  [Title  V. 

mated  and  fixed,  unless  othenvise  directed  by  the  Com- 
Tnon  Council. 

§  145.  The  board  shall  assess  the  whole  amount 
ordered  to  be  assessed  upon  the  parcels  of  land  bene- 
fited by  the  work,  act  or  improvement,  in  ])roportion  to 
such  benefit,  except  in  those  cases  in  which,  by  this  act, 
the  assessment  is  to  be  made  upon  a  different  principle, 
and  in  those  cases  it  shall  make  the  assessment  upon  the 
principle  prescribed  in  each  case  by  this  act. 

§  146.  In  the  assessment-roll,  it  shall  briefly  describe 
the  several  parcels  of  land  assessed  as  nearly  as  prac- 
ticable, and  set  down  the  amount  in  dollars  and  cents 
assessed  on  each  parcel. 

§  147,  If  the  name  of  any  person  is  marked  upon  the 
books  in  the  Assessors'  office  as  the  owner  of  any  parcel, 
the  Assessor  shall  enter  it  upon  the  assessment-roll,  but 
their  omission  to  do  so  shall  not  invahdate  the  assess- 
^ment,  and  the  insertmg  the  name  of  a  person  deceased, 
alone  or  in  connection  with  the  words  "estate  of,"  for 
inserting  the  name  of  a  person  who  is  not  the  owner, 
shall  not  invalidate  such  assessment. 

§~148.  After  the  roll  is  completed  the  board  shall 
publish,  in  the  official  paper  notice  thereof,  and  shall 
state  that  the  roll  will  remain  in  the  office  of  the  board, 
open  for  inspection  and  revision,  for  ten  days  from  the 
publication  of  such  notice.  Any  number  of  rolls  may  be 
included  in  one  notice.  Such  roll,  or  rolls,  shall  remain 
open  for  inspection  and  revision  during  the  time  specified 
in  the  notice. 
.    Thus  amended  by  L.  1900,  c.  707,  Sec.  2. 

The   provision   previously   was   that    notice   of  completion   of 
these  rolls  should  be  published  on  the  first  Monday  of  every  month. 

§  149.  Any  person  owning  land  in  the  city,  but  resid- 
ing out  of  it,  may  appoint  in  writing,  an  elector  of  the 
city  as  his  agent,  to  take  care  of  the  taxes  and  assess- 


Title  v.]  REVISED    CITY    CHARTER.  93 

merits  on  his  lands  in  the  city.  Such  appointment  shall 
be  acknowledged.  Upon  the  presentation  of  such 
appointment  to  the  board  it  shall  file  the  same,  and 
register  the  name  of  the  person  making  the  appointment 
and  the  name  of  the  person  appointed,  in  a  book  to  be 
kept  by  it  for  that  purpose.  The  notice  in  ^ch  case 
required  by  the  following  section,  shall  be  addressed  to 
such  agent. 

§  150.  It  shall  be  the  duty  of  the  Assessors  to  procure 
and  have  prepared  at  the  expense  of  the  city,  and  there- 
after keep  the  same  in  the  Assessors'  office  as  a  part  of 
the  records  thereof,  and  accessible  to  the  inspection  of 
the  pubhc,  a  book  or  books  of  registration  of  suitable 
form  and  properly  bound,  in  which  shall  be  entered  by 
the  Assessors  opposite  to  each  parcel  of  land,  the  name 
and  address  respectively  of  resident  owners  of  lands 
lying  in  the  city,  and  of  agents  of  non-resident  owners  of 
lands  lying  in  said  city,  who  shall  have  been  appointed  as 
such  in  pursuance  of  the  foregoing  section,  to  whom 
notices  relating  to  the  assessment-rolls  are  to  be  directed 
by  the  Assessors,  as  hereinafter  provided.  Such  book  or 
books  shall  be  prepared  in  the  same  form  as  near  as  may 
be,  as  that  m  which  the  annual  assessment-rolls  are 
required  to  be  prepared.  Every  resident  owner  and 
every  such  designated  agent  of  non-resident  owners  of 
lands  lying  in  said  city  shall  furnish  to  and  for  the  Assess- 
ors at  their  office,  for  the  purpose  of  having  the  same 
registered  as  above  provided,  his  or  her  name,  together 
with  an  address  to  which  the  notice  to  such  person, 
relating  to  the  assessment-roll,  as  provided  for  in  this 
section,  is  to  be  directed  by  the  Assessors;  and  each  and 
every  change  of  address  shall  forthwith  be  made  known 
to  the  Assessors  by  said  owners  or  agents,  and  thereupon 
said  Assessors  shall  enter  in  said  book  or  books  of  reg's- 
tration  the  changed  address.  Every  original  or  changed 
address  shall  be  accompanied  with  a  description  of  each 
parcel  of  land  owned  by  such  person,  or  the  principal  or 


94  REVISED    CITV    (IIAHTKH.  [Tillc  V. 

agent  furnishing  the  same.  The  registers  so  kept  by  the 
Assessors  shall  show  the  date  when  the  information 
herein  required  of  the  owners  and  agents  in  relation  to 
their  names  and  residences  was  furnished  to  the  Assess- 
ors. When  an  assessment  is  to  be  made  by  the  Assessors 
upon  the  parcels  of  land  to  be  benefited  by  the  work,  act 
or  improvement  in  proportion  to  such  benefit,  the  Assess- 
ors shall,  at  least  five  days  before  the  expiration  of  the 
time  during  which  the  roll  is  to  remain  in  their  hands 
for  inspection  and  revision,  deposit  in  the  post-office 
in  said  city,  postage  prepaid,  a  notice  directed  to  the 
sons  whose  names  shall  be  entered  on  the  roll,  and  which 
notice  shall  state  that  the  roll,  naming  it,  is  on  inspection 
and  in  every  instance  where  the  persons  so  to  be  notified 
shall  have  complied  with  the  requirements  of  this  section 
by  furnishing  to  the  Assessors  their  names  and  residences 
or  place  to  which  such  notices  are  to  be  directed  by  the 
Assessors,  such  notices  shall  be  directed  to  the  name  and 
such  address  of  the  person  to  be  notified ;  in  every  other 
instance  such  notices  shall  be  directed  simply  in  the  name 
of  the  person  to  be  notified  at  Buffalo,  New  York.  The 
validity  or  regularity  of  the  service  of  any  notice  re- 
quired to  be  served  by  the  provisions  of  this  chapter 
shall  not  be  questioned  or  disputed  by  any  person  who 
by  this  section,  is  required  to  furnish  to  the  Assessors  for 
registration  his  or  her  name  and  address,  who  shall 
refuse,  fail  or  neglect  so  to  furnish  to  the  Assessors  his  or 
her  name  and  address,  or  who  shall  refuse,  neglect  or 
fail  to  report  any  and  every  change  of  address,  should 
any  such  be  made,  as  herein  required. 


§  151.  On  the  application  of  any  person  conceiving 
himself  aggrieved,  it  shall  be  the  duty  of  the  board  to 
hear  and  examine  his  complaint  in  relation  to  such 
assessment,  and  it  shall  be  its  duty  to  adjourn,  from  time 
to  time,  as  may  be  necessary  to  hear  and  determine  such 
complaint. 


Title  v.]  REVISED    CITY   CHARTER.  95 

§  152.  The  board  shall  make  and  sign  a  copy  of  the 
revised  roll,  and  attach  to  it  proof,  by  affidavit,  of  the 
giving  of  the  notices  required  by  this  act  to  be  given  by 
it,  and  deliver  the  same  to  the  Corporation  Counsel.  He 
shall  thereupon  cause  the  same  to  be  examined  as  to  the 
regularity  of  the  proceedings.  If  they  are  found  to  be 
regular  he  shall  annex  his  certificate  of  the  fact  to 
roll,  and  deliver  it  to  the  City  Clerk  to  be  proceeded  with; 
if  they  are  found  to  be  irregular  he  shall  annex  to  the 
roll  his  certificate  of  the  fact,  specifying  in  what  the 
irregularity  consists,  and  lay  the  same  before  the  Common 
Council.  The  Common  Council  may  take  such  action 
thereon  as  it  shall  deem  expedient. 

§  153.  When  an  assessment-roll  shall  be  dehvered  to 
the  City  Clerk  to  be  proceeded  with,  he  shall  publish  a 
notice  in  five  successive  numbers  of  the  official  paper 
(Sundays  and  legal  holidays  excepted),  that  the  roll, 
naming  it,  is  in  his  office,  and  that  objections  to  it  may 
filed  with  him  within  ten  days  from  the  first  publication 
of  the  notice.  Any  person  interested  in  the  roll  may, 
within  the  time  specified  in  the  notice,  file  with  the  City 
Clerk  objections  to  it,  which  objections  shall  be  sub- 
scribed and  verified  by  the  objector  or  his  agent.  The 
City  Clerk  may  include  several  rolls  in  the  same  notice. 
If  no  objections  shall  be  filed  within  said  time,  the  roll 
shall  be  deemed  to  be  confirmed,  and  the  City  Clerk  shall 
attach  to  it  proof  of  the  publication  of  the  notice  required 
to  be  published  by  him,  and  his  certificate  that  no  ob- 
jections to  it  have  been  filed  with  him,  and  deliver  the 
same  to  the  Comptroller. 

Thus  amended  by  L.  1893,  c.  200. 

This  amendment  struck  out  a  provision  that,  "  The  City  Clerk 
shall  report  to  the  Common  Council  the  rolls  that  have  been  con- 
firmed by  the  lapse  of  time." 

§  154.  If  objections  shall  be  filed  with  the  City  Clerk 
to  such  roll,  he  shall  at  the  first  regular  meeting  of  the 
Common  Council  after  the  expiration  of  the  time  for  filing 


96  REVISED    CITY    CHARTER.  [Title  V. 

objections,  lay  such  roll  and  the  objections  filed  thereto 
before  the  Common  Council,  which  shall,  on  that  day  or 
on  such  other  day  or  days  as  it  shall  ap|)oint,  hear  the 
objections  and  confirm  the  roll,  or  ainiul  it,  or  refer  it 
back  to  the  Board  of  Assessors,  to  make  a  new  assess- 
ment. 

§  155.  Whenever  an  assessment  shall  have  been  sent 
back  by  the  Common  Council  to  the  Board  of  Assessors  to 
make  a  new  assessment,  the  board  shall  forthwith  pro- 
ceed to  make  a  new  assessment,  in  the  same  manner  as  is 
provided  for  original  assessments. 

§  156.  Upon  the  confirmation  of  any  roll,  the  City 
Clerk  shall  attach  to  it  proof  of  the  publication  of  the 
notice  required  to  be  published  by  him,  and  his  certificate 
that  the  roll  has  been  confirmed,  and  deliver  the  same  to 
the  Comptroller. 

§  157.  The  Common  Council  may  by  resolution  deter- 
mine that  a  street  or  any  part  thereof  is  not  in  suitable 
condition  to  proceed  with  a  local  improvement  as  a  whole, 
and  may  direct  the  Assessors  to  divide  the  assessment- 
roll  made  or  to  be  made  by  them  to  defray  the  expense 
of  such  improvement,  and  to  make  the  same  in  two 
or  more  parts,  to  be  designated  and  known,  the  first  as 
part  one,  and  the  others  by  successive  numbers,  re- 
spectively, and  may  also  direct  that  cither  of  said  parts 
shall  remain  in  the  office  of  the  Comptroller  after  it  shall 
have  been  delivered  to  him,  or  returned  to  him  in  case  it 
had  been  delivered  to  the  Treasurer  for  such  time  as  it 
may  direct,  not  exceeding  one  year,  then  to  be  proceeded 
with  pursuant  to  the  provisions  of  this  act. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  14. 

Before  this  aiiiendment    a  roll  could  only  bo  divided  by  a  court 
order,  granted  on  the  resolution  of  the  Common  Council. 

§  158.  In  all  cases  where  the  Common  Council  shall 
have  power  to  order  an  assessment,  and  such  asssesment 
shall  finally  be  declared  void  by  reason  of  any  irregulari- 


Title  VI.]  RE^•ISED  city  chartp:r.  97 

ties  or  defects  occurring  after  such  order,  in  an  action  or 
proceeding  brought  to  determine  the  legahty  of  the 
same,  the  Board  of  Assessors  shall  forthwith  proceed  to 
make  a  new  assessment  for  the  work  or  improvement  for 
which  the  void  assessment  was  ordered;  in  the  same 
manner  as  provided  for  original  assessment.  In  case 
the  Board  of  Assessors  shall  neglect  for  six  months  to 
make  a  new  assessment,  as  herein  provided,  any  citizen 
may  bring  an  action  to  compel  the  Board  of  Assessors  to 
make  such  new  assessment,  and  the  Assessors  shall 
severally  be  liable  for  the  costs  of  such  action. 

§  159.  No  lands  in  the  city  shall  be  exempt  from  local 
assessments. 

§  160.  Whenever  any  person  or  corporation  shall 
occupy  any  public  ground  or  place  of  the  city  by  per- 
mission of  the  Common  Council,  such  person  or  corpora- 
tion shall  be  assessed  by  the  Assessors  for  any  local 
improvement  benefiting  the  ground  or  place  so  occupied 
the  same  amount  they  would  assess  such  ground  or  place 
if  not  so  occupied;  and  when  such  occupant  is  so  as- 
sessed, such  public  ground  or  place  so  occupied  shall 
not  be  assessed  for  such  improvement.  The  Comptroller 
may  maintain  an  action  in  his  name  of  office  against  any 
person  or  corporation  for  the  amount  of  such  assessment 
together  with  the  interest  and  expenses  thereon,  and  the 
cost  of  the  action  at  any  time  after  the  Treasurer  shall 
return  to  him  as  unpaid  any  such  assessment. 


TITLE  VI. 


DEPARTMENT  OF  LAW. 


§  161.  There  shall  be  a  Department  of  Law,  which 
shall  have  the  charge  and  conduct  of  all  the  law  business 
of  the  city  and  its  departments. 


98  RKVISED    CITY    CHARTER.  [Title  VI. 

§  162.  The  Corporalion  Counsel  shall  be  the  head  of 
the  Department  of  Law.  He  shall  be  an  attorney  and 
counselor  of  the  supreme  court  of  at  least  eight  years' 
practice,  and  shall  hold  his  office  for  the  term  of  four 
years,  and  until  his  successor  shall  qualify. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  15. 

The  amendment  changed  the  Corporation  rounsel's  term  from 
tliree   to   four  years. 

§  163.  The  Corporation  Counsel  shall  prosecute  and 
defend  all  actions  and  proceedings  brought  by  or  against 
the  city  or  any  of  the  departments.  He  shall,  when 
requested,  advise  all  the  officers  and  departments  of  the 
city  in  respect  to  their  powers  and  duties.  He  shall 
prepare  proper  forms  of  contracts,  bonds  and  obligations, 
and  of  all  proposals  for  public  works.  He  shall  also, 
when  requested  by  the  head  of  any  department,  prepare 
such  legal  instruments  as  may  be  needed  by  any  such 
department.  He  shall  also  have  the  charge  and  conduct 
of  all  legal  proceedings  by  which  the  city  shall  exercise 
the  right  of  eminent  domain.  He  shall  also  discharge 
such  other  duties  as  may  properly  pertain  to  the  legal 
department  of  the  city. 

§  164,  The  Corporation  Counsel  shall  not  receive  to 
his  own  use  any  fees  or  emoluments  in  addition  to  his 
salary,  and  shall  pay  into  the  treasury  all  costs  and  com- 
missions collected  by  him;  such  payments  shall  be  made 
monthly,  and  a  report  under  oath  be  made  at  the  same 
time  to  the  Comptroller. 

§  165.  The  Corporation  Counsel  shall  appomt  two 
assistants,  to  be  called  respectively  the  Attorney  and  the 
Assistant  Attorney,  and  file  certificates  of  such  appoint- 
ments with  the  City  Clerk.  He  shall  also  appoint  a 
managing  clerk,  a  clerk,  and  a  messenger,  and  such 
other  subordinates  as  may  be  authorized  by  the  Common 
Council. 


Title  VI.]  REVISED    CITY   CHARTER.  99 

§  166.  The  Attorney  shall  be  an  attorney  and  coun- 
selor of  the  supreme  court  of  at  least  four  years'  practice, 
and  shall,  under  the  direction  of  the  Corporation  Counsel, 
have  charge  of  all  the  litigated  business  of  the  depart- 
ment. The  Assistant  Attorney  shall  be  an  attorney  and 
counselor  of  the  supreme  court  of  at  least  two  years' 
practice,  and  shall,  under  the  direction  of  the  Corporation 
Counsel,  have  charge  of  the  examination  of  assessment- 
rolls.  The  managing  clerk  shall  be  an  attorney  and 
counselor  of  the  Supreme  Court,  and  shall,  under  the 
direction  of  the  Corporation  Counsel,  have  charge  of 
keeping  the  records  required  to  be  kept  in  the  Depart- 
ment of  Law,  They  shall  each  perform  such  other  duties 
as  the  Corporation  Counsel  may  assign  to  them. 

§  167.  Within  ten  days  after  the  recovery  of  any 
judgment  the  Corporation  Counsel  shall  file  with  the 
Comptroller  a  statement,  showmg  the  amount  of  the 
judgment,  the  time  of  its  recovery,  m  what  court,  and 
against  whom  it  has  been  obtained. 

§  168.  Upon  taking  office  the  Corporation  Counsel 
shall  be  deemed  to  be  substituted  as  attorney  of  record 
in  all  actions  and  proceedings  in  which  the  city  or  any 
of  its  departments  is  a  party,  and  it  shall  not  be  neces- 
sary to  enter  any  order  to  that  effect. 

§  169.  At  the  expiration  of  his  term  of  office  the  Cor- 
poration Counsel  shall  dehver  over  to  his  successor  all 
property  of  the  city,  or  any  of  its  departments,  and  all 
papers  that  shall  be  in  his  possession,  and  he  shall  not 
be  retained  by  the  city  in  any  cases,  except  under  extra- 
ordinary circumstances,  and  at  the  request  of  his  suc- 
cessor, and  with  the  approval  of  the  Common  Council 
and  Mayor. 

§  170.  There  shall  be  kept  in  the  Department  of  Law^ 
registers,  in  which  shall  be  entered  the  title  of  every 
action  and  proceeding  which  the  Corporation  Counsel  is 
required  to  prosecute  or  defend,  and  an  abstract  of  the 


100  REVISED    CITY    CHAKTEH.  [Title  VI. 

several  steps  taken  therein,  and  the  date  thereof,  and  the 
result  of  such  actions  and  proceedings.  Such  entries 
shall  be  made  as  soon  as  practicable  after  the  action  or 
proceeding  is  connnenced,  or  the  step  taken.  It  shall 
be  the  duty  of  the  Corporation  Counsel  to  see  that  such 
registers  show  fully  and  correctly  the  status  of  each 
action  and  proceeding  at  the  expiration  of  his  term  of 
office. 

§  171.  It  shall  be  the  duty  of  the  Corporation  Counsel 
to  cause  all  claims  for  personal  injuries  to  be  thoroughly 
investigated,  and  to  that  end  he  may  take  proof,  examine 
witnesses,  and  require  the  claimant,  with  the  privilege  of 
counsel,  to  appear  before,  and  be  sworn  by  a  judge  of  a 
court  of  record,  the  Mayor,  or  chairman  of  any  commit- 
tee of  either  board  of  the  Common  Council,  and  ansM^er 
orally  any  question  relative  to,  or  that  may  assist  him  in 
ascertaining  the  city's  liability  or  the  extent  thereof, 
he  shall  advise  the  proper  connnittee  of  the  Conmion 
Council  in  respect  thereto.  The  claimant  may  designate 
another  time  and  place  for  the  examination  if  he  shall  be 
physically  unable  to  so  appear.  Such  examination  shall 
be  held  within  forty  days  after  the  presentation  of  such 
claim,  but  the  time  therefor  may  be  further  extended  by 
any  judge  of  a  court  of  record  on  notice  to  both  parties. 
No  action  shall  be  commenced  on  any  such  claim  where 
such  examination  has  been  required  until  the  same  is 
held.  There  shall  also  be  kept  in  the  Department  of 
Law  an  accident  re|)ort  book,  in  which  the  Corporation 
Counsel  shall  cause  to  be  entered  the  names  of  all  persons 
reported  to  him,  or  coming  to  his  knowledge,  as  having 
received  injuries  for  which  claims  are  likely  to  be  pre- 
sented against  the  city,  together  with  the  names  and 
residences  of  the  witnesses,  and  the  time  and  place  of  the 
accident,  and  he  shall  cause  to  be  entered  therein  from 
time  to  time,  the  names  and  residences  of  all  witnesses 
and  a  statement  of  all  facts  that  shall  be  discovered  by 
him  or  shall  come  to  his  knowledge  concerning  e.ich  of 


Title  VI.]  REVISED    CITY    CHARTER.  101 

said  cases.     Such  accident  report  book  shall  only  be 
open  to  the  inspection  of  the  Mayor  or  Common  Council. 
Thus  amended  by  L.  1895,  c.  805,  Sec.  16. 

This  amendment  added  the  last  sentence  and  also    the  provi- 
sions for  the  examination  of  the  claimant  and  witnesses  under  oath . 

§  172.  The  Attorney  shall,  in  the  absence  or  inability 
of  the  Corporation  Counsel  to  perform  the  duties  of  the 
office,  and  during  a  vacancy  therein,  perform  the  duties 
thereof;  before  entering  on  the  office  he  shall  take  the 
oath  of  office  prescribed  by  the  constitution,  and  execute 
with  sureties,  and  file  with  the  City  Clerk  a  bond  or  under- 
taking in  such  sums  as  shall  be  fixed  by  ordinance,  con- 
ditioned for  the  faithful  performance  of  his  duties,  and 
the  payment  over  of  all  moneys  received  by  him. 

§  173.  The  Corporation  Counsel,  on  assuming  office, 
shall  file  with  the  Comptroller  an  inventory  of  all  records 
and  books  belonging  to  the  city  that  shall  come  into  his 
possession,  and  shall  report  to  the  Comptroller  all  addi- 
tions thereto,  and  he  shall  be  responsible  to  the  city  for 
the  delivery  over  to  his  successor  of  all  such  books  and 
records. 

§  174.  The  Corporation  Counsel  shall  give  a  bond 
with  two  sureties,  in  such  sum  as  shall  be  fixed  by  ordi- 
nance for  the  faithful  performance  of  the  duties  of  his 
office. 

§  175.  The  Corporation  Counsel  shall  annually  trans- 
mit to  the  Common  Council  at  its  last  session  in  each 
year,  a  report  of  the  business  done  in  the  Department  of 
Law  during  the  year. 

§  176.  The  Corporation  Counsel  in  office  at  the  time 
this  act  takes  effect  shall  continue  to  be  the  Corporation 
Counsel  for  the  balance  of  the  term  for  which  he  was 
elected. 

§  177.  A  failure  to  comply  with  sections  one  hundred 
and  seventy,  and  one  hundred  and  seventy-one  of  this  act 


102  REVISED    CITY   CHARTER.  [Title  VII. 

shall  be  deemed  a  misdemeanor,  and  shall  be  punishable 
by  fine  not  exceeding  one  thousand  dollars. 

§  178.  The  Common  Council  may,  from  time  to  time, 
on  the  written  recommendation  of  the  Corporation  Coun- 
sel, authorize  the  Comptroller  to  borrow,  temporarily,  a 
sum  sufficient  to  pay  any  judgment  against  the  city,  or 
any  claim  against  the  city  which  has  been  settled  or 
compromised,  and  not  arising  upon  contract. 

§  179.  The  Common  Council  shall,  in  each  year,  place 
in  the  estimates  a  sum  sufficient  to  pay  the  amount  so 
borrowed  the  next  preceding  year,  and  the  interest 
thereon. 


TITLE  VII. 
Chapter  I. 


DEPARTMENT  OF  POLICE  AND  EXCISE. 

§  180.  There  shall  be  a  Department  of  Police,  and  a 
Department  of  Excise*  which  shall  have  charge  of  all 
police  and  excise*  matters  of  the  city.  No  person  hold- 
ing office  under  this  title  shall  be  liable  to  jury  or  military 
duty. 

*Supers('ded  by  L.   189G,  c.  112,  the  Liquor  Tax  Law. 

Thus  amended  by  L.  1893,  c.  437,  Sec.  1,  and  L.  1894, 
C.35. 

Tlio  above  is  identical  with  Section  180  of  the  charter  as  origi- 
nally adopted.  L.  1893,  c.  34.'),  amended  Sections  181,  182,  and 
183  by  legislating  out  of  oflice  the  Commissioners  then  in  office,  and 
providing  that  their  successors,  to  be  named  within  ten  days,  and 
all  Commissioners  thereafter  to  be  appointed,  should  be  named  by 
the  Mayor,  t\w  Comptroller,  and  the  President  of  the  Common  Coun- 
cil, or  a  majority  of  them;  this  law  took  efTect  April  12,  1893. 
April  20,  1893,  the  Governor  signed  L.  1893,  c.  437,wiiich  added  the 
following  to  Section  180,  as  above  printed:  "  Within  ten  days  after 
the  piussage  of  this  act  the  Comptroller  of  said  city  shall  appoint 
three  Commissioners  of  Police,  who  shall  hold  office;  respectively 
for  the  terms  of  four,  five,  and  six  years.  Tiiey  shall  also  act  as 
Excise  Commissioners  for  said  city.  At  no  time  shall  there  be  more 
than  two  Commissioners  of  Police  from  the  same  political  party. 


Title  VII.]  REVISED    CITY    CHARTER.  103 

All  acts  and  parts  of  acts  inconsistent  with  this  act  are   hereby 
repealed.     Said  Commissioners  are  not  required  to  give  bonds. ' ' 
The  amendment  of  1894  legislated  out  of  office  the  Commission- 
ers appointed  in  1893,  and  restored  this  and  the  next  three  sections 
to  their  original  form. 

§  181.  The  Department  of  Police  shall  consist  of  a 
Board  of  PoHce,  a  police  force,  and  of  such  clerks  and 
employees  as  are  authorized  by  this  title  to  be  appointed. 
The  Board  of  Police  shall  consist  of  the  Mayor,  ex-officio, 
who  shall  be  the  president  of  the  board,  and  preside  at 
its  meeting  when  present,  and  two  Commissioners  of 
PoUce,  who  shall  be  appointed  as  hereinafter  provided. 
But  nothing  in  this  title  contained  shall  be  deemed  or 
construed  as  making  it  obligatory  upon  the  Mayor  to 
attend  the  meetings  of  said  Board  of  Pohce,  except 
when  requested  m  writing  by  the  Commissioners  of 
Pohce  or  either  of  them.  *The  Department  of  Excise 
shall  consist  of  a  Board  of  Excise,  and  of  such  clerks  and 
employees  as  are  authorized  by  this  title  to  be  appointed. 
The  Board  of  Excise  shall  consist  of  the  two  Commis- 
sioners of  Police,  acting  as  Commissioners  of  Excise. 

♦Remainder    of    this    section  superseded  by  L.   1896,  c.  112, 
Liquor  Tax    Law. 

Thus  amended  by  L.  1893,  c.  345,  Sec.  2,  and  L.  1894, 
€.35. 

See  note  to  Section   180,   above,   for  effect  of  amendments. 

§  182,  Within  thirty  days  after  the  passage  of  this  act 
the  Mayor  of  the  city  of  Buffalo  shall  appoint  two  Com- 
missioners of  Pohce,  who  shall  hold  office  for  the  terms 
of  five  and  six  years,  respectively,  from  the  date  of  their 
appointment,  and  until  their  successors  shall  quahfy  and 
enter  upon  the  duties  of  their  office.  The  certificate  of 
appointment  shall  designate  the  term  for  which  each 
of  said  Commissioners  is  appointed,  whether  five  or  six 
years.  Upon  the  appointment  and  qualification  of  such 
Commissioners  of  Pohce,  the  terms  of  office  of  all  the 
present  Commissioners  of  Pohce  shall  cease.  One  of  said 
Commissioners  shall  be  designated  by  the  board  as  Acting 


104  RKVISKD    CITY    CHARTKR.  [Title  VII. 

Coiiiinissioner.  The  Acting  Commissioner  shall  in  the 
absence  of  the  president,  possess  the  power  and  perform 
the  duties  of  the  president,  and  shall  serve  as  Acting 
Connnissioner  until  his  term  of  office  as  Commissioner 
shall  expire,  or  until  another  Commissioner  shall  be 
designated  as  the  Acting  Commissioner.  A  Connnis- 
sioner of  police  shall  thereafter  be  appointed  by  the 
Mayor  at  the  expiration  of  each  term  of  office,  who  shall 
hold  his  offiec  for  the  full  term  of  six  years,  and  until  his 
successor  has  qualified  and  entered  upon  the  duties  of 
his  office;  at  no  time  shall  there  be  two  Commissioners  of 
Police  from  the  same  political  party. 

Thus  amended  by  L.  1893,  c.  345,  Sec.  3,  and  L.  1894, 
c.  35. 

See  note  to  Section  180,  above. 

§  183.  Each  Commissioner  of  Pohce,  before  entering 
upon  the  duties  of  his  office,  shall  subscribe  and  take 
before  the  City  Clerk,  the  oath  of  office  required  to  be 
taken  by  judicial  officers,  which  oath  shall  be  filed  in  the 
office  of  the  City  Clerk.  If  a  vacancy  shall  occur  in  the 
office  of  Commissioner  of  Police  from  any  cause  other 
than  the  expiration  of  the  term,  the  Mayor  shall  appoint 
a  person  to  fill  such  vacancy,  who  shall  hold  office  by 
virtue  of  such  appointment  for  and  during  the  unexpired 
term  of  the  Commissioner  whom  he  shall  succeed,  and 
until  his  successor  shall  qualify  and  enter  upon  the  duties 
of  his  office.  The  Commissioners  of  Police  shall  be 
citizens  of  the  United  States,  and  electors  of  the  city  of 
Buffalo,  and  shall  have  resided  in  the  city  for  at  least 
five  years  next  preceding  their  appointment. 

Thus  amended  by  L.  1893,  c.  345,  Sec.  4,  and  L.  1894, 
c.  35. 

See  note  to  Section   180,   above. 

Chapter  II. 

THE  DEPARTMENT    OF   POLICE. 

§  184.  The  Commissioners  of  Police  shall  receive  such 
annual  salary  as  may  be  fixed  by  the  Common  Council 


Title  VIL]  RKvisKD  city  charter.  105 

by  ordinance.  They  shall  not  be  interested  in  the  pur- 
chase or  sale  of  any  lands  for  police  purposes,  in  the  con- 
struction or  repair  of  station  houses,  nor  the  manufac- 
ture, purchase  or  sale  of  any  article  in  the  department. 
If  any  such  Commissioner  shall  be  so  interested,  or  shall 
neglect  his  official  duties,  or  be  guilty  of  malfeasance  or 
misconduct  in  office,  he  shall  be  removed  by  the  Justices 
of  the  Supreme  Court  resident  in  the  county  of  Erie, 
but  no  removal  shall  be  made  unless  upon  charges,  or 
unless  the  party  charged  shall  have  been  served  with  a 
copy  of  the  charges,  and  have  an  opportunity  to  be 
heard.  Such  charges  may  be  presented  to  a  Justice  of 
the  Supreme  Court,  resident  in  Erie  County,  who  shall 
fix  a  time  and  place  for  the  hearing  thereof,  not  less  than 
twenty  days  after  the  presentation  thereof  to  him,  and 
shall  notify  or  cause  to  be  notified  all  the  other  Justices 
of  the  Supreme  Court,  resident  in  Erie  County,  of  the 
presentation  of  such  charges,  and  of  the  time  and  place 
fixed  by  him  for  the  hearing  thereof,  and  it  shall  be  the 
duty  of  the  said  Justices  to  assemble  at  the  time  and 
place  so  fixed,  and  hear  and  determine  the  same,  but  no 
Commissioner  shall  be  removed  from  office  upon  any 
charges  except  by  the  affirmative  votes  of  a  majority  of 
all  the  said  Justices  of  the  Supreme  Court,  resident  in 
Erie  County.  Such  hearing  shall  be  in  the  city  of  Buffa- 
lo, and  the  accused  shall  have  an  opportunity  to  present 
evidence  in  his  own  behalf,  and  to  be  represented  by 
counsel.  The  Board  shall  hold  meetings  as  often  as 
may  be  necessary,  and  shall  make  rules  to  govern  its 
proceedmgs. 

Thus  amended  by  L.  1892,  c.  379;  L.  1894,  c.  35,  and 
L.  1899,  c.  587. 

The  act  of  1892  amended  the  first  sentence  by  reqiurmg  the 
Common  Council  to  meet  immediately  in  joint  session  and  fix  the 
salary  of  the  Police  Commissioners.  The  act  of  1894  changed  the 
first  sentence  back  to  its  original  form,  as  above.  The  act  of  1899 
transferred  from  the  Appellate  Division  to  the  Justices  of  the  Supreme 
Court  in  Erie  County  the  power  to  remove  the  Police  Commissioners 
on  charges. 


106  REVISED    CITY    CHARTER.  [Title  VII. 

§  185.  The  Board  shall  ha^ie  charge  of  all  the  prop- 
erty of  the  department,  of  the  purchase  of  the  supphes 
used  by  the  department,  and  of  the  repairs  necessary^  to 
any  of  the  property  under  its  control,  except  the  repairs 
of  police  buildings,  which  shall  be  in  charge  of  the  De- 
partment of  Pubhc  Works,  and  be  done  on  the  recom- 
mendation of  the  Police  Department  and  order  of  the 
Common  Council.  The  Department  of  Pubhc  Works 
shall  provide  such  office  and  bushiess  accommodations, 
station-houses,  sub-station-houses,  and  other  l)uildings, 
as  the  Department  of  Police  may  from  time  to  time  deem 
necessary  for  the  transaction  of  the  business  of  the  de- 
partment, and  as  may  be  ordered  by  the  Common  Coun- 
cil, and  the  Pohce  Commissioners  may  establish  stations, 
and  station-houses,  and  sub-station-houses,  at  least  one 
in  each  precinct,  for  the  use  of  the  police  force,  and  as 
places  of  detention  for  persons  arrested;  and  for  that 
purpose  it  may  appropriate  and  use  any  police  station 
used  as  such  a^  the  time  this  act  takes  effect.  The  Board 
shall,  as  speedily  as  possible  after  this  act  becomes  opera- 
tive, designate  at  least  three  of  such  station-houses  at 
which  all  women  arrested  in  the  city  shall  hereafter  be 
detained,  in  each  of  which  said  station-houses  a  matron 
shall  be  appointed,  in  accordance  with  the  provisions  of 
chapter  four  hundred  and  twenty  of  the  laws  of  eighteen 
hundred  and  eighty-eight.  And  it  shall  be  the  duty  of 
said  Commissioners  to  see  that  the  provisions  of  that  act 
are  carried  out  with  reference  to  the  care  and  detention 
of  all  women  arrested  in  the  city,  so  far  as  the  same  may 
properly  come  within  their  province  and  duties  as  such 
Commissioners. 

§  186.  The  Board  shall  possess  and  exercise  all  the 
powers  conferred  by  law  upon  the  Mayors  of  cities,  and 
the  sheriiTs  of  counties  in  requiring  the  services  of  the 
military  in  aid  of  the  civil  authorities  to  quell  riots,  sup- 
press insurrections,  protect  property,  and  preserve  public 
tranquility ;  and  in  case  the  Board  shall  neglect  or  refuse 


Title  VIL]  REVISED  city  charter.  107 

to  act,  the  Mayor  may  exercise  any  of  the  powers  given 
by  this  section  to  the  Board. 

§  187.  The  Board  shall  appoint  the  following  sub- 
ordinates, who  shall  constitute  the  police  force  of  the 
city:  A  superintendent  of  police;  three  inspectors  of 
pohce;  also  one  captain,  three  sergeants  and  three  desk 
sergeants  for  each  precmct,  a  surgeon  of  pohce,  a  clerk 
of  the  Board,  and  such  number  of  patrolmen  as  the  Com- 
mon Council  shall  authorize,  and  patrol  wagon  drivers, 
not  less  than  three  for  each  patrol  wagon  district  to  be 
established  by  the  Board,  and  a  superintendent  of  horses, 
who  shall  have  the  rank  and  pay  of  a  sergeant;  and  all 
hostlers  and  prison  van  drivers  now  m  the  employ  of  the 
Pohce  Department,  and  such  others  as  shall  hereafter  be 
appointed  by  the  Board  of  Police.  One  of  the  inspectors 
of  police  shall  be  designated  by  the  Board  to  act  as  the 
head  of  the  detective  bureau  of  the  police  force,  and 
while  serving  in  such  capacity  he  shall  be  known  officially 
as  chief  of  detectives,  and  shall  receive  in  addition  to  his 
salary  as  an  inspector  of  police,  the  sum  of  two  hmidred 
dollars  annually  while  serving  in  such  capacity.  In  case 
of  the  absence  of  the  superintendent  of  police,  or  in  case 
of  a  temporaiy  vacancy  m  the  office  of  superintendent  of 
police,  after  the  abohtion  of  the  office  of  assistant  super- 
intendent of  pohce,  as  provided  in  this  act,  the  Board 
shall  designate  one  of  the  inspectors  of  pohce  to  perform 
the  duties  of  such  office  during  such  absence  of  the  super- 
intendent, or  during  the  temporary  vacancy  in  such 
office.  The  term  "desk  sergeants"  in  this  act  covers  all 
members  of  the  force  who  were  appointed  under  the 
name  of  "doormen"  or  "operators."  The  Board  may 
also  appoint,  m  addition  to  the  police  force,  such  clerks 
and  employes  as  it  may  deem  necessary  for  the  proper 
management  and  working  of  the  department.  It  may 
reduce  to  a  lower  grade  or  rank  all  members  of  the  police 
force,  and  all  other  employes  as  hereinafter  provided. 
The  officers  and  other  members  of  the  police  force  who 


108  REVISED    (ITV    (HAHTKH.  ['/'///('   17/. 

are  in  ofiicc  when  this  act  takes  effect  shall  continue  in 
office,  and  hold  their  respective  positions,  unless  reduced 
in  rank  or  removed  pursuant  to  the  provisions  of  this  act. 
Lieutenants  in  charge  of  precincts  at  th(!  time  this  section 
of  this  act  takes  efli'ect  shall  remain  as  members  of  the 
police,  and  shall  rank  as  captains  of  their  respective  jjre- 
cincts,  but  may  be  removed  or  reduced  in  rank  ])y  the 
Board,  as  provided  in  section  one  hundred  and  ninety- 
two  of  this  act. 

Thus  amended  by  L.  1893,  c.  437,  Sec.  2;  L.  1896, 
184,  Sec.  1;  L.  1900,  c.  656,  Sec.  1;  L.  1902,  c.  551,  Sec.  1, 
and  L.  1904,  c.  395,  Sec.  1. 

The  ampndmont  of  1893  increased  the  number  of  Sergeants  in 
every  precinct  fi'om  two  to  three.  The  hiw  of  189(5  added  to  the 
force  two  inspectors  and  a  superintendent  of  horses.  The  law 
of  1900  gave  the  title  of  "desk  sergeant"  to  the  position  formerly 
known  as  "doorman."  The  law  of  1902  brought  hostlers  and 
prison  van  drivers  within  the  enumeration  of  members  of  the  force. 
The  'aw  of  1904  abolish(>d  the  position  of  Assistant  Superintendent, 
and  increased  the  mmiber  of  inspectors  from  two  to  three,  pro- 
viding for  llie  designation  of  one  inspector  to  be  Chief  of  Detectives, 
and  the  designation  of  any  inspector  as  Acting  Superintendent 
during  the  absence  or  disability  of  the  Superintendent. 

§  188.  The  city  shall  be  divided  into  not  less  than 
two  inspection  districts,  and  not  less  than  eleven  nor 
more  than  fourteen  police  precincts,  in  the  discretion  of 
the  Board.  The  boundaries  of  such  precincts  shall  be 
fixed  by  the  Board.  The  Common  Council,  upon  the 
recommendation  of  the  Board,  shall  have  power  to  in- 
crease the  number  of  precincts,  and  when  so  increased 
the  Commissioners  shall  appoint  one  additional  captain 
of  police,  three  sergeants,  and  three  desk  sergeants  for 
each  new  precinct  so  established. 

Thus  amended  by  L.  1893,  c.  437,  Sec.  3;  L.  1896,  c. 
184,  Sec.  2,  and  L.  1900,  c.  656,  Sec.  2. 

§  189.     The   Board   shall   designate   the   number  of 
patrolmen  to  be  assigned  to  each  of  said  precincts,  and  ' 
shall  divide  said  number  of  patrolmen  into  three  platoons; 
no  two  of  such   platoons  to  be  on  duty  at  one  and  the 
same  time,  nor  shall  they  wear  uniforms  when  not  on 


Title  TV/.]  REVISED  city  charter.  109 

actual  patrol  duty,  except  when  in  the  discretion  of  the 
Board,  public  demands  are  such  as  require  the  aid  and 
assistance  of  a  second  platoon,  or  the  Board  may,  in  its 
discretion  on  such  occasions,  order  on  duty  all  of  said 
three  platoons.  It  shall,  annually,  grant  to  each  and 
every  member  of  the  department  a  vacation  of  not  more 
than  ten  successive  days  with  pay.  It  shall  also  grant 
to  each  and  every  member  of  the  department  one  day's 
leave  of  absence  in  each  month,  with  pay,  beginning  at 
six  o'clock  in  the  evening  of  the  one  day,  and  ending  at 
six  o'clock  in  the  evening  of  the  following  day,  when  such 
leave  of  absence  is  granted.  The  said  Board  shall  have 
the  power  and  authority  to  suspend  such  leave  of  ab- 
sence when  public  demands  are  such  as  require  the 
assistance  and  aid  of  such  member. 

Thus  amended  by  L.  1893,  c.  437,  Sec.  4,  and  L.  1896, 
c.  184,  Sec.  3. 

The  law  of  1894  introduced  the  three-platoon  system  in  place 
of  the  former  system  of  two  platoons.  The  law  of  1896  struck  out 
a  provision  for  the  detail  of  one  captain  as  drillmaster  and  one  as 
inspector  with  additional  pay  for  each,  and  provided  instead  for 
two   inspectors  under  Section  187,  above. 

§  190.  The  Board,  with  the  concurrence  of  the  Com- 
mon Council,  shall  fix  the  salaries  of  all  its  officers  and 
employes.  All  salaries  in  this  department  shall  be  paid 
semi-monthly,  as  fohows:  The  Board  shall  cause  to  be 
made  out  and  presented  to  the  Common  Council,  semi- 
monthly, a  full  and  true  statement  of  the  amount  of 
salaiy  due  each  of  the  members  of  the  Board  of  Police, 
the  police  force,  the  clerks  and  employes  of  said  depart- 
ment. No  person  shall  hereafter  be  appointed  a  captain 
who  has  not  been  a  member  of  the  pohce  force  for  at 
least  two  years.  In  the  absence  of  the  surgeon  of  poKce, 
and  when  no  city  physician  can  be  obtained,  any  physi- 
cian called  by  a  member  of  the  poUce  force  to  render 
medical  or  surgical  aid  to  a  person  unable  to  pay  for  such 
services,  when  the  case  is  one  which  the  surgeon  of  police 
would  be  required  to  attend,  shall  be  entitled  to  reason- 
able compensation  for  such  services,  to  be  audited  and 


110  I{ i:\ISKD    CITY   CIIAUTKR.  [Title  VII. 

allowed  by  said  Board,  and  paid  iii  the  same  maimer  as 
the  members  of  the  police  force  are  paid. 
Thus  amended  by  L.  1896,  c.  45. 

Before  this  amendment  the  salaries  were  paid  monthly. 

§  191.  The  Board  shall  make  all  appohitmcnts  of 
patrolmen  from  among  those  applicants  only  who  shall 
have  passed  the  examination  prescribed  by  law;  but  no 
person  shall  be  appohited  to  any  place  or  ofhce  in  the 
said  police  force,  or  continue  to  hold  such  place  or  office, 
w'ho  is  not  a  citizen  of  the  United  States,  or  who  has 
ever  been  convicted  of  crime  punishable  by  confinement 
in  a  state  prison,  or  who  can  not  read  and  write  under- 
standingly,  or  who  shall  not  have  resided  within  the  city 
during  three  years  next  preceding  his  appointment .  Ser- 
geants shall  be  appohited  from  among  the  members  of 
the  force.  The  superintendent  shall  detail  for  detective 
duty  such  patrolmen  not  exceeding  twelve  in  number 
unless  authorized  by  the  Commissioners  to  detail  a  great- 
er number  as  he  shall,  from  time  to  time  select.  The 
patrolmen  so  detailed  shall  compose  the  detectives  of  the 
force,  and  during  the  time  said  patrolmen  are  detailed 
for  detective  duty  they  shall  have  the  rank  and  pay  of 
sergeants,  and  be  known  as  detective  sergeants,  and  each 
of  them  may  receive  for  such  detective  service  an  addi- 
tional salaiy  not  exceeding  two  hundred  dollars  per 
annum,  to  be  fixed  by  the  Board,  with  the  consent  of  the 
Common  Council. 

Thus  amended  by  L.  1896,  c.  184,  Sec.  4. 

This  amendment  changed  the  residence  requirement  from  one 
to  three  years,  and  added  the  provision  giving  additional  rank  and 
pay  to   patrolmen  detailed  for  detective  duty. 

§  192.  All  members  of  the  police  force,  clerks,  and 
employes,  shall  hold  office  during  good  behavior,  and 
shall  be  liable  to  removal  or  reduction  in  rank  only  after 
written  charges  shall  have  been  preferred  against  them, 
according  to  the  rules  and  regulations  of  the  Board,  and 
the  same  shall  have  been  publicly  heard  and  examined 


Title  VII.]  REVISED    CITY    CHARTER.  IM 

after  notice  to  them  thereof  by  said  rules  and  regulations; 
such  charges  shall  be  made  under  oath.  The  Board  may 
suspend  from  pay  or  duty,  or  both,  any  member  of  the 
force  or  other  persons  appointed  by  said  Board,  but  not 
longer  than  thirty  days  from  pay  at  one  suspension.  If 
such  suspension  shall  be  for  more  than  ten  days  the 
Board  shall  make  and  file  with  the  clerk  of  the  Board 
decision  in  writing,  setting  forth  the  grounds  for  such 
suspension. 

Thus  amended  by  L.  1893,  c.  345,  Sec.  5,  and  L.  1894, 
c.  35. 

§  193.  The  Board  may,  upon  any  emergency  or  ap- 
prehension of  a  riot,  pestilence  or  invasion,  appoint  as 
many  special  patrolmen,  with  or  without  pay,  from  the 
electors  of  the  city,  as  it  may  deem  advisable;  and  dur- 
ing any  day  of  public  election,  and  the  day  preceding 
and  succeeding  any  such  day  of  public  election,  it  may 
appoint,  to  perform  duty  in  the  city,  as  many  special 
patrolmen  as  it  may  deem  necessary,  with  or  without  pay. 
Special  patrolmen  appointed  with  pay  shall  receive  such 
sums  for  their  services  as  may  be  fixed  by  the  Board,  not 
exceeding  three  dollars  per  day.  The  Board  may,  upon 
the  apphcation  of  any  person  or  corporation,  showing  the 
necessity  therefor,  appoint  special  patrolmen  to  do  spe- 
cial duty  as  required  by  the  apphcant  for  such  appoint- 
ment, but  such  special  patrolmen  shall  not  be  entitled  to 
any  compensation  from  the  city;  nor  shall  any  appoint- 
ments of  special  patrolmen  be  made  upon  the  application 
of  any  person  or  corporation  until  after  the  apphcant 
shall  have  secured  and  indemnified  the  city  and  the 
Board  against  all  claims  and  demands  for  such  services, 
or  growing  out  of  any  acts  done  or  committed  by  such 
special  patrolman,  in  such  manner  as  shall  be  provided 
by  the  rules  and  regulations  of  the  Board,  The  special 
patrolmen  named  in  this  section  shall  hold  office  during 
the  pleasure  of  the  Board,  and  during  their  term  of  ser- 
vice as  such  patrolmen  shall  possess  all  the  powers  and 


112  REVISED    CITY    CHARTKU.  [Title    VII. 

privileges,  and  perform  all  the  duties  that  may  be  from 
time  to  time  prescribed  by  the  rules  and  regulations  of 
the  Board,  and  during  their  respective  terms  of  service 
the  said  special  patrolmen  shall  be  subject  to  such  rules 
and  regulations. 

§  194.  The  government  and  disci}:)line  of  the  Depart- 
ment of  Police  shall  be  such  as  the  Board  shall  prescribe. 
The  Board  shall  enact,  and  modify  or  repeal  from  time 
to  time,  rules  and  regulations  for  the  management  and 
administration  of  the  Board,  and  for  the  government  and 
discipline  of  the  police  force,  and  of  the  subordinates  un- 
der its  control,  which  rules  and  regulations  shall  pre- 
scribe the  modes  of  appointments  to  and  removals  from 
office,  and  also  define  the  duties  of  the  members  of  the 
police  force.  The  Board  shall  also  enact  rules  and  regu- 
lations to  prevent  undue  detention  of  persons  arrested 
by  and  in  the  custody  of  members  of  the  force.  The 
orders,  rules  and  regulations  authorized  by  this  act,  when 
duly  made,  enacted  or  adopted  by  the  Board,  shall  have 
the  same  force  and  effect  as  if  herein  specially  enacted; 
provided  that  the  said  rules  and  regulations  shall  not  be 
in  conflict  vrith  the  laws  of  this  state  or  of  the  United 
States.  The  Board  shall  also  prescribe  the  uniform, 
badges,  and  emblems  of  office  and  equipments,  to  be 
worn  by  members  of  the  force,  and  may  provide  that  the 
same  may  be  repaired  or  replaced  by  the  department 
when  they  are  injured  or  destroyed  in  the  proper  and 
necessary  discharge  of  duty. 

§  195.  Any  member  of  the  Board  or  the  superin- 
tendent shall  have  power  to  issue  criminal  warrants 
in  all  cases  after  entertaining  complaints,  making  the 
same  returnable  before  the  police  justice  or  one  of  the 
justices  of  the  peace  of  the  city  of  Buffalo;  and  they 
may  each  commit  for  examination.  The  Board  and  the 
clerk  of  the  Board  shall  each  have  power  to  issue  sub- 
poenas attested  in  the  name  of  its  president,  to  compel 
the  attendance  of  witnesses,  and  the  production  of  books 


Title  F//.]  REVISED    CITY    CHARTER.  113 

and  papers  upon  any  proceeding  authorized  by  this 
act,  and  by  said  rules  and  regulations;  and  witnesses 
for  whom  subpoenas  shall  be  issued  shall  not  be  entitled 
to  any  fees.  Each  Commissioner,  the  superintendent 
and  the  clerk  of  the  Board  is  hereb}^  authorized  and  era- 
powered  to  administer  affirmations  and  oaths  to  any 
person  summoned  and  appearing  in  any  matter  or  pro- 
ceeding authorized  as  aforesaid,  or  to  take  any  deposi- 
tion necessary  to  be  made  under  the  rules  and  regula- 
tions of  the  Board,  or  in  conducting  the  business  of  the 
department ;  and  any  willful  ^nd  corrupt  false  swearing, 
by  any  witness  or  person,  to  any  material  fact  in  any 
necessary  proceedings  under  the  said  rules  and  regula- 
tions, or  under  this  act,  shall  be  deemed  perjury,  and  be 
punished  in  the  manner  now  prescribed  by  law  for  that 
offense;  and  in  case  any  person  subpoenaed  under  this 
section  shall  fail  to  or  refuse  to  obey  such  subpoena,  or 
refuse  to  take,  when  required,  the  proper  oath  or  affirma- 
tion, or  to  answer  any  proper  question,  or  to  produce 
such  books  and  papers,  the  Board  may  apply  to  any 
court  of  record  or  judge  or  justice  thereof  for  an  order  to 
compel  attendance,  and  punish  disobedience;  and  any 
process  issued  under  the  provisions  of  this  section  may 
be  served  or  executed  by  any  member  of  the  force  except 
the  one  issuing  the  same. 

§  196.  The  members  of  the  police  force  shall  possess, 
within  the  state  of  New  York,  all  the  common  law  and 
statutory  powers  of  constables,  except  that  of  serving 
civil  process ;  and  any  warrant  for  search  or  arrest  issued 
by  any  magistrate  of  the  state  may  be  executed  in  any 
part  thereof  by  any  member  of  the  force.  The  actual  and 
necessary  expenses  incurred  by  any  member  of  the 
force,  when  directed  by  the  superintendent,  board  of 
police  or  district  attorney  of  the  county  of  Erie  in  serv- 
ing or  executing  any  process,  or  endeavoring  to  detect, 
discover,  or  arrest,  or  procure  the  extradition  of,  any  per- 
petrator of  crime  against  the  laws  of  the  state,  including 


114  REVISED    CITY    CHARTER.  [Title  VI I . 

the  expense  of  legal  counsel  without  the  state,  or  discover 
or  reclaim  any  stolen  property,  shall  be  a  charge  against 
the  county  of  Erie;  and  the  account  of  such  expenses 
shall  be  made  out  in  detail,  and  verified  by  the  oath  of 
the  party  to  whom  the  same  is  due  to  the  effect  that  the 
sums  therein  charged  have  been  actually  and  necessarily 
paid  out  by  him,  and  the  amount  thereof  when  audited 
and  certified  by  the  Board  shall  be  presented  to  the 
Board  of  Supervisors  of  the  county  of  Erie,  to  be  audited 
and  paid  as  the  other  county  expenses  are  audited  and 
paid. 

§  197.  For  the  purpose  of  providing  for  the  expenses 
mentioned  in  the  preceding  section,  and  for  a  secret 
service  fund,  the  Common  Council  shall  advance  to  the 
superintendent,  out  of  the  police  fund,  such  sums  as  the 
Board  shall  from  time  to  time  recommend,  not  exceeding 
in  the  aggregate  three  thousand  dollars  in  one  year. 

§  198.  The  superintendent  shall,  at  all  times,  cause 
the  ordinances  of  the  city  to  be  enforced.  The  police 
force,  at  all  times,  within  the  city,  shall  preserve  the 
public  peace,  prevent  crime,  detect  and  arrest  offenders, 
suppress  riots  and  insurrections,  protect  the  rights  of  per- 
sons and  of  property,  guard  the  public  health,  preserve 
order  at  every  primary  and  public  election ;  report  all  the 
dangerous  places  and  obstructions  in,  and  encroachment 
upon  the  streets  to  the  Department  of  Public  Works, 
remove  such  nuisances  existing  in  pubhc  streets,  roads, 
places  and  highways  as  the  Board  of  Police  or  the  Board 
of  Health  shall  direct;  suppress  disorderly  houses  and 
houses  of  ill-fame,  arrest  all  street  beggars,  and  violators 
of  law,  assist  the  firemen  and  protect  them  in  the  dis- 
charge of  their  duties;  assist,  advise  and  protect  stran- 
gers and  travelers  in  the  pubhc  streets,  at  steamboat  and 
ship  landings  and  railway  stations;  and,  enforce  every 
law  and  ordinance  for  the  suppression  and  punishment 
of  crime. 


Title  VII.]  REVISED    CITY    CHARTER.  115 

§  199.  Each  member  of  the  poUce  force  shall  have 
authority,  immediately  and  without  process,  to  arrest  and 
take  into  custody  any  person  who  shall  commit,  or 
threaten,  or  attempt  to  commit,  in  his  presence  cr  within 
his  view  or  knowledge,  any  breach  of  the  peace,  or  any 
offense  prohibited  by  the  laws  of  this  state,  or  by  any 
ordinance  of  this  city.  He  shall  forthwith  convey  every 
person  arrested  by  him  before  one  of  the  justices  of  the 
peace,  to  be  dealt  with  according  to  law.  But  if  no  jus- 
tice of  the  peace  is  holding  court,  then  the  offender  may 
be  detained  m  the  station-house  until  the  pubhc  sitting  of 
the  police  justice,  before  whom  he  may  be  tried  or  held  to 
bail,  and  he  shall  then  be  conveyed  without  delay,  before 
such  police  justice,  to  be  dealt  with  according  to  law. 
While  at  any  station-house  such  person  shall  be  furnished 
with  necessary  and  proper  food ;  and  the  Board  of  Pohce 
shall  include  a  sum  to  meet  the  expense  thereof  in  its 
annual  estimate,  and  such  expense  shall  be  a  charge 
against  the  county  of  Erie. 

§  200.  The  Board  shall  issue  to  each  member  of  the 
police  force  a  proper  warrant  of  appointment,  signed  by 
the  Board,  and  countersigned  by  the  clerk,  which  warrant 
shall  contain  the  date  of  his  appointment  and  his  rank. 
Each  patrolman  detailed  to  duty  as  a  detective  shall  have 
issued  to  him  a  written  order  of  detail,  signed  by  the 
superintendent,  and  countersigned  by  the  clerk  of  the 
Board,  and  the  revocation  of  such  detail  shall  be  issued 
in  hke  manner.  Each  member  of  the  pohce  force  shall, 
before  entering  upon  the  discharge  of  his  duties,  take  and 
subscribe  the  usual  constitutional  oath  of  office  before  one 
of  the  Commissioners. 

§  201.  The  superintendent  shall,  before  entering  upon 
the  duties  of  his  office,  execute  to  the  city,  and  file  in  the 
office  of  the  City  Clerk  a  bond,  the  penal  sum  of  which 
shall  be  fixed  by  the  Board,  with  two  or  more  sufficient 
sureties  to  be  approved  by  the  Mayor,  conditioned  for 
the  faithful  performance  of  his  duties  as  such  superin- 


IIG  REVISED   CITY   CHAUTKK.  [Title  MI. 

tendent,  and  for  the  accounting  for  and  payment  of  all 
moneys  that  shall  come  into  his  hand,  or  under  his  con- 
trol as  such  superintendent.  The  Board  shall  also  re- 
quire security  to  be  given  by  the  assistant  superintendent, 
the  clerk,  and  such  members  of  the  force  as  it  may  desig- 
nate, for  the  faithful  performance  of  their  respective 
duties.  *During  the  absence  from  the  city  or  other  in- 
ability of  the  superintendent,  the  assistant  superinten- 
dent shall  perform  the  duties  of  that  office.  The  Board 
may  prescribe  and  regulate  the  duties  of  the  superin- 
tendent, and  the  assistant  superintendent,*  and  other 
officers  and  members  of  the  police  force,  conformatory 
to  the  provisions  of  this  act. 

♦Superseded  by  L.  1904,  c.  395,  Sec.  1,  abolishing  tiie  office  of 
Assistant  Superintendent.     See  Sections   187,    189,   above. 

§  202.  Every  criminal  process  issuing  out  of  any 
police  court,  or  from  any  justice  of  a  court  not  of  record 
residing  in  the  city,  shall  be  served  or  executed  by  a 
member  of  the  pohce  force,  and  not  otheiwise  ;*but  the 
Board  shall  detail  as  many  patrolmen  as  may  be  neces- 
sary, and  as  the  sheriff  of  Erie  County  shall  require,  to 
attend  the  terms  of  the  Superior  Court  of  Buffalo,  and  no 
constable  or  deputy  sheriff  shall  be  paid  by  the  city  or 
county  for  any  services  in  said  court.  The  necessaiy 
expenses  incurred  in  the  execution  of  any  criminal  pro- 
cess within  the  city  and  county  shall  be  a  charge  against 
the  county  of  Erie,  and  the  amount  thereof  when  cer- 
tified by  said  Board,  shall  be  audited  and  paid  in  the 
same  manner  as  other  county  charges. 

♦Remainder  of  this  section  superseded  by  Constitution  of  the 
State,  adopted  in  1894,  abolishing  the  Superior  Court  of  Buffalo. 

§  203.  The  Board  shall  cause  to  be  kept,  general 
complaint  books,  in  which  shall  be  entered  any  complaint 
of  a  police  nature,  with  the  name  and  residence  of  the 
complainant.  The  superintendent  shall  cause  to  be  kept 
books  of  registration  of  lost,  missing,  and  stolen  prop- 
erty, and  books  of  record,  wherein  shall  be  entered  the 
name,  age  and  residence  of  every  member  of  the  police 


Title  VII.]  REVISED    CITY   CHARTER.  117 

force,  and  such  other  matter  as  may  be  prescribed  by 
the  Board;  also  such  other  records  as  the  Board  may 
deem  necessary. 

§  204.  The  superintendent  shall  exercise  general 
pohce  supervision  and  inspection  over  all  pawnbrokers, 
junkshop  keepers,  cartmen,  hackmen,  dealers  in  second- 
hand merchandise,  intelhgence-office  keepers,  and  auc- 
tioneers of  watches  and  jeweliy,  and  all  other  licensed 
places  in  the  city.  The  superintendent  and  captains 
within  their  precincts  may,  by  authority  in  writing,  em- 
power any  member  of  the  police  force  who  shall  be  in 
search  of  property  feloniously  obtained,  or  of  suspected 
offenders,  to  examine  the  books  and  business  premises 
of  any  pawnbroker,  and  the  business  premises  of  any 
junkshop  keeper,  dealer  in  second-hand  merchandise,  or 
intelligence-office  keeper.  Any  member  of  the  force  so 
authorized,  and  having  in  his  possession  a  pawnbroker's 
receipt  or  ticket,  may  examine  the  property  purported 
to  be  pawned  or  deposited  on  the  receipt  or  ticket;  but 
no  such  property  shall  be  taken  from  the  possessor 
thereof  without  due  process  or  authority  of  law. 

§  205.  If  any  member  of  the  police  force,  or  if  any 
two  or  more  householders  shall  report  in  writing,  over 
his  or  their  signature  to  the  superintendent  that  there 
are  good  grounds,  and  stating  the  same,  for  believing 
that  any  house,  room  or  premises  within  the  city  is 
kept  or  used  as  a  common  gaming-house,  common 
gaming-room  or  common  gaming  premises,  for  the  play- 
ing for  wagers  or  money  on  any  game  of  chance,  or  is 
kept  or  used  for  any  lewd  or  obscene  pubUc  amusement, 
or  the  deposit  or  sale  of  lottery  tickets  or  lottery  poH- 
cies,  it  shall  be  lawful  for  the  superintendent  to  authorize 
any  member  or  members  of  the  police  force  to  enter  the 
same.  The  member  so  authorized  shall  forthwith  arrest 
all  persons  there  found  offending  against  any  law,  and 
shall  seize  all  implements  of  gaming,  lottery  tickets  and 
lottery  policies  found  therein,  and  convey  any  person 


118  rk\'isi:d  city  chahtior.  [Title  VII. 

so  arrested  before  the  police  justice,  and  bring  the 
articles  so  seized  to  the  office  of  the  superintendent.  It 
shall  be  the  duty  of  the  superintendent  to  cause  the 
arrested  person  or  persons  to  be  rigorously  prosecuted 
and  the  seized  articles  to  be  destroyed. 

§  206.  The  superintendent  shall  detail,  on  the  day  of 
any  election  in  the  city,  and  on  the  night  and  day  follow- 
ing, if  necessary,  one  or  more  patrolmen  to  each  election 
poll,  who  may  have  access  to  the  room  or  place  in  which 
the  ballots  are  being  received  and  counted.  *The  Board 
shall  {)rovide  ballot  and  other  boxes,  for  use  at  any  elec- 
tion in  the  city,  and  provide  for  the  custody  of  such  boxes 
at  all  times,  except  during  the  taking,  receiving,  and 
countmg  the  ballots.  The  city  shall  pay  the  expenses  of 
procuring  and  taking  care  of  such  boxes  as  are  used  at 
elections. 

♦Remainder  of  this  section  superseded  by  L.  1896,  c.  909,  tlie 
Election  Law. 

§  207.  The  superintendent  shall  take  proper  meas- 
ures to  have  elections  conducted  in  an  orderly  and  fair 
manner,  as  provided  by  the  election  laws  of  the  state. 

§  208.  No  fees  or  compensation  whatever  shall  be 
charged  or  received  by  any  member  of  the  police  force, 
except  from  the  city  or  county  for  the  arrest,  confine- 
ment or  discharge  of  any  person,  or  for  mileage  and 
travel,  or  for  serving  any  process,  or  for  discharging  any 
other  duty  required  by  this  act,  without  the  consent  and 
approval  of  the  Board,  nor  shall  any  such  fee  or  compen- 
sation be  charged  or  received  by  any  officer  or  citizen  for 
the  arrest  of  any  person  charged  with  crime,  or  for  the 
service  of  any  process  in  any  criminal  case,  without  such 
consent  and  approval.  The  actual,  necessary,  and  rea- 
sonable traveling  expenses,  which  shall  include  board  as 
well  as  transportation,  incurred  by  any  member  of  the 
police  force,  or  by  any  citizen  who  may  have  been  selected 
to  execute  any  process  issued  within  the  city,  in  executing 
any  such  process  or  discharging  any  duty  required  of  him 


I'itle  VII.]  REVISED    CITY    CHARTER.  119 

by  the  district  attorney  of  the  county  of  Erie,  or  by  any 
poUce  justice,  judge  of  a  court  of  record,  or  criminal 
court,  held  within  the  city,  shall  be  audited  and  allowed 
by  the  Board  of  Pohce,  and  be  paid  by  the  superin- 
tendent, but  such  charges  shall  only  be  allowed  upon 
the  affidavit  of  the  person  making  them  that  such  ex- 
penditures have  been  actually  and  necessarily  made,  and 
shall  not  include  any  items  for  traveling  expenses  in 
cases  wherein  transportation  has  been  furnished  to  the 
party  gratuitously. 

§  209.  The  superintendent  may^  upon  apphcation  in 
writing,  setting  forth  under  oath  sufficient  reasons,  issue 
to  any  person  a  permit  in  writing  to  carry  a  pistol  or 
pistols  in  the  city.  If  such  person  shall  be  a  private 
watchman,  whose  employers  recommend  the  issuing  of 
such  permit,  and  whose  duties  may  require  the  use  of 
such  weapon  or  weapons,  such  permit  shall  be  issued 
without  charge.  For  all  such  other  permits  issued,  said 
superintendent  shall  charge  and  receive  an  annual  fee  of 
two  dollars  and  fifty  cents,  in  advance.  Such  permit 
shall  not  continue  in  force  for  more  than  one  year,  but 
may  in  the  discretion  of  the  superintendent  be  revoked, 
or  renewed  from  time  to  time  upon  the  payment  in 
advance  of  the  fee  of  two  dollars  and  fifty  cents  for  each 
year.  The  superintendent  shall  keep  a  register,  upon 
which  shall  be  entered  the  name,  residence,  and  occupa- 
"tion  of  eveiy  person  to  whom  he  shall  issue  such  permit, 
the  date  of  issue  or  renewal,  and  the  fee  received  for 
the  same;  and  all  the  fees  so  received  by  him  shall  be 
deposited  monthly  in  the  city  treasury  to  the  credit, 
and  for  the  use  of  the  police  pension  fund  hereinafter 
mentioned.  No  person,  other  than  members  of  the 
police  force,  regularly  elected  constables,  the  sheriff  of 
Erie  County,  and  his  duly  appointed  deputies,  shall,  in 
the  city,  carry  concealed  upon  or  about  his  person,  any 
pistol  or  revolver,  or  other  dangerous  weapon  or  weapons, 
without  having  first  obtained  a  permit,  as  hereinbefore 
provided;  and  such  permit  shall  be  produced  and  ex- 


120  REVISED    CITY    CHARTER.  [Title  VII. 

hibited  by  any  person  holding  the  same,  upon  the  re- 
quest of  a  member  of  the  pohce  force.  A  violation  of 
any  of  the  provisions  of  this  section  shall  be  a  misde- 
meanor and  punishable  as  such;  and  all  fines  imposed 
and  collected  for  such  violation  shall  be  deposited  to 
the  credit  of  said  pension  fund  by  the  clerk  of  the  court 
imposing  the  same. 

§  210.  The  superintendent  shall  either  personally  or 
through  the  captains  of  the  respective  precincts,  subject 
to  such  reasonable  regulations  as  the  Board  may,  from 
time  to  time,  adopt,  issue  licenses  to  residents  of  the  city 
who  own  or  keep  a  dog  or  dogs  to  permit  such  dogs  to 
run  at  large  within  the  city  limits.  Each  dog  must  at  all 
times  wear  a  suitable  collar,  to  which  shall  be  attached  a 
tag  or  plate,  to  be  furnished  by  the  superintendent,  bear- 
ing the  number  of  the  license  issued  for  it,  and  all  dogs 
so  licensed  shall  be  subject  to  such  provisions  of  law  or 
ordinances  as  may  be  enacted.  Such  licenses  shall  be  for 
the  term  of  one  year,  and  shall  only  be  granted  upon  the 
payment  in  advance  of  the  sum  of  one  dollar  for  each 
dog,  and  two  dollars  for  each  bitch  so  owned  or  kept.  It 
shall  be  the  duty  of  every  person  residing  in  the  city, 
who  owns  or  keeps  such  an  animal,  to  apply  to  the 
captain  of  the  precinct  in  which  he  resides,  or  to  the 
superintendent,  for  a  license  for  such  animal  so  owned  or 
kept  by  him;  and  if  such  person  fail  to  apply  for,  and 
take  out  such  license  within  twenty  days  after  being 
notified  so  to  do  by  any  member  of  the  police  force,  he 
shall  for  each  offense  be  liable  to  a  fine  of  five  dollars,  to 
be  sued  for  and  collected  in  the  Municipal  Court  of  Buffalo 
upon  the  complaint  of  the  superintendent  or  any  mem- 
ber of  the  police  force,  together  with  the  cost  of  such 
proceeding.  Any  member  of  the  police  force  is  author- 
ized to  destroy  by  any  means  other  than  poisoning  any 
such  animal  not  duly  licensed,  and  whose  owner  is  not 
known  or  who  fails  to  comply  with  this  section.  The 
superintendent  shall  keep  a  record  of  the  licenses  issued, 


Title  F//.]  REVISED    CITY    CHARTER.  121 

and  shall  deposit  all  fees  received  therefor  with  the  treas- 
urer of  the  city,  who  shall  credit  the  same  to  the  police 
pension  fund.  All  fines  collected  under  the  provisions  of 
this  section  shall  be  deposited  to  the  credit  of  said  fund. 
The  Board  shall  have  power  to  construct  a  suitable  build- 
ing for  a  dog  pound  on  any  lands  acquired  or  held  for 
police  purposes,  and  not  otherwise  occupied,  but  the  cost 
thereof  shall  be  paid  from  the  dog  license  fees;  and  the 
board  may  appoint  one  dog-catcher,  and  not  exceeding 
six  assistant  dog-catchers,  prescribe  their  duties,  and  fix 
their  salaries,  which  shall  be  paid  from  the  fees  collected 
hereunder.  The  Board  may,  instead  of  appointing  dog- 
catchers,  contract  with  any  person  or  corporation  for  the 
capture,  keeping,  and  disposing  of  unlicensed  dogs,  and 
pay  for  such  service  and  work  from  the  license  fees  col- 
lected hereunder,  such  contract,  however,  not  to  exceed 
the  term  of  one  year. 

Thus  amended  by  L.  1892,  c.  381,  Sec.  1;  L.  1894, 
c.  34,  and  L.  1895,  c.  805,  Sec.  17. 

§  211.  All  rewards  or  gifts  that  may  be  paid  or  given 
to  any  member  of  the  police  force  for  his  service,  except 
when  the  Board  allow  him  to  retain  the  same,  and  all 
moneys  arising  from  the  sale  of  unclaimed  goods  remain- 
ing for  the  space  of  one  year  in  the  hands  of  the  clerk  of 
the  Board,  and  all  fines  imposed  by  the  Board  upon 
members  of  the  police  force,  and  all  fees  received  and 
fines  imposed  under  the  two  preceding  sections,  and  all 
moneys,  pay,  compensation,  or  salary,  or  any  part  there- 
of, forfeited,  deducted  or  withheld  from  any  member  or 
members  of  the  police  force,  for  or  on  account  of  ab- 
sence for  any  cause,  lost  or  sick  time,  sickness  or  dis- 
ability, physical  or  mental,  shall  be  paid  monthly  by 
the  Board,  and  three  per  centum  of  all  fees  for  licenses 
for  the  sale  of  liquors,  wines,  ale  and  beer,  and  five  per 
centum  of  all  fines  and  penalties  imposed  for  any  viola- 
tion of  the  excise  law ,  shall  be  paid  weekly  by  the  Board 
of  Excise,  all  of  which  sum  shall  be  deposited  with  the 


122  KKVISKD    CITY    CHAUTKK.  [Titl(    V 1 1 . 

Treasurer  of  the  city,  and  be  by  hiui  invested  or  deposited 
when,  from  time  to  time,  directed  by  the  Board,  as  a 
fund,  to  be  called  the  "police  pension  fund."  The 
Treasurer  of  the  city  shall  b(;  the  treasurer  of  such  fund. 
The  members  of  the  Board  of  Police  and  Treasurer  of 
the  city  shall  be  the  trustees  of  the  police  pension  fund, 
and  shall  have  the  power  to  grant  pensions  as  herein 
provided,  to  be  paid  from  the  police  pension  fund  by  the 
Treasurer,  upon  the  order  or  warrant  of  the  board  of 
trustees.  Immediately  upon  this  act  taking  effect  the 
present  trustee  of  the  police  life  hisurance  fund  shall 
deliver  the  fund,  including  all  investments  belonging 
to  the  same,  to  the  Treasurer  of  the  city,  for  the  uses 
and  pur})oses  of  the  police  pension  fund  hereby  created 
as  hereinafter  declared.  The  Treasurer  shall  make  all 
necessary  contracts,  and  take  all  necessary  proceedings 
in  relation  to  the  fund,  in  his  name,  as  treasurer  of  the 
pohce  pension  fund  of  the  city.  Pensions  shall  be  granted 
by  the  board  of  trustees  of  the  police  pension  fund  in  the 
following  cases : 
Thus  amended  by  L.  1895,  c.  137. 

1.  To  the  widow  of  any  member  of  the  police  force, 
who  shall  have  been  killed  while  in  the  actual  performance 
of  police  duty,  or  who  shall  have  died  from  the  effects  of 
an  injury  received,  while  in  the  actual  discharge  of  such 
duty,  the  sum  of  three  hundred  dollars  per  year  so  long 
as  she  remains  unmarried.  And  if  there  be  no  widow  of 
such  deceased  member,  then  such  annual  })ension  shall  be 
paid  to  his  child  or  children  him  surviving,  if  any,  so  lopg 
only  as  such  child  or  children,  or  the  youngest  of  such 
children  shall  continue  under  the  age  of  eighteen  years. 
In  the  event  of  the  death  of  the  widow  of  such  deceased 
member,  who  at  the  time  of  her  death  is  drawing  a  pen- 
sion as  provided  in  this  act,  then  such  annual  pension 
shall  be  paid  to  the  child  or  children  of  such  deceased 
member  of  the  police  department,  if  any,  so  long  only  as 
such  child  or  children,  or  the  youngest  of  such  children 


Title  VII.]  REVISED    CITY    CHARTER.  123 

shall  continue  under  the  age  of  eighteen  years.  No 
pension  shall  be  paid  under  this  title  to  any  child  over 
eighteen  years  of  age.  And  if  there  be  no  such  widow, 
child  or  children  of  such  deceased  member,  then  such 
pension  shall  be  paid  to  his  parent  or  parents,  provided 
such  parent  or  parents  were  dependent  upon  such  de- 
ceased member  for  support,  and  such  time  only  as  such 
pension  shall  be  necessary  for  the  support  of  the  parent 
or  parents. 

Thus  amended  by  L.  1904,  c.  395,  Sec.  2. 

2.  To  any  member  of  the  force,  who,  while  in  the 
actual  performance  of  police  duty,  and  by  reason  of  the 
performance  of  such  duty,  and  without  fault  or  mis- 
conduct on  his  part,  shall  be  injured  or  become  perma- 
nently disabled,  physically  or  mentally,  so  as  to  unfit  him 
for  the  performance  of  full  police  duty,  the  sum  of  not 
more  than  one-half  nor  less  than  one-fourth  of  his  rate  of 
compensation  per  year.  This  section  shall  apply  to  the 
police  matrons  who  become  totally  disabled,  physically 
or  mentally  while  in  the  service  of  the  department. 

Thus  amended  by  L.  1901,  c.  564. 

This  law  added  the  last  sentence. 

3.  To  any  member  of  the  force  who,  by  long  service 
and  exposure  in  the  actual  service  of  the  department, 
shall  have  contracted  any  disease  or  disabihty,  which 
incapacitates  him  permanently  from  performing  full 
police  duty,  without  fault  or  misconduct  on  his  part, 
upon  his  retiring  from  the  service  or  being  dismissed  on 
account  of  such  disease  or  disability,  the  sum  of  three 
hundred  dollars  per  year,  if  he  has  served  as  such  member 
for  ten  years;  and  for  each  year  he  shall  have  served  as 
such  member  in  excess  of  ten  years  the  amount  of  pen- 
sion to  which  he  is  entitled  under  the  provisions  of  this 
act  shall  be  increased  each  year  by  the  sum  of  twenty 
dollars  until  the  total  amount  shall  reach  the  sum  of  six 
hundred  dollars.  Pensions  provided  for  in  the  second 
and  third  subdivisions  above  shall  not  be  granted  except 


124  REVISED    CITY   CHAHTKH.  [Title  VII. 

upon  the  sworn  ccrLilicate  of  the  surgeon  of  the  pohce, 
and  upon  the  unanimous  resohition  to  that  effect  by  the 
members  of  the  board  of  trustees  of  the  pohce  pension 
fund.  Upon  the  resignation  of  any  member  of  the  pohce 
force,  who  shall  have  served  as  such  for  a  period  of  thirty- 
five  years  or  upward,  where  at  the  time  of  such  resigna- 
tion such  member  is  not  incapacitated  from  full  police 
duty  by  reason  of  disease  or  disability,  the  board  of 
trustees  of  the  pohce  pension  fund  may,  in  its  discretion, 
grant  to  such  member  a  pension  not  exceeding  one-half  of 
the  annual  salary  received  by  such  member  at  the  time  of 
his  resignation  from  the  police  force,  and  a  pension  may 
be  granted  under  this  provision  without  the  sworn  certi- 
ficate of  the  surgeon  of  police,  as  hereinbefore  provided. 
The  police  matrons  shall  be  granted  the  privilege  of  this 
fund,  so  far  as  it  relates  to  their  children.  Nothing  here- 
in contained  shall  affect  the  claim  of  any  annuitant  to 
whom  any  annuity  has  heretofore  been  allowed  from  the 
police  life  insurance  fund,  but  such  annuity  shall  be  paid 
l)y  the  Treasurer  out  of  the  police  pension  fund,  so  long 
as  the  Board  shall  so  direct,  the  same  as  if  the  claim 
thereto  had  arisen  subsequent  to  the  time  when  this  act 
shall  take  effect.  And  the  board  of  trustees  may,  in 
their  discretion,  and  by  a  majority  vote,  and  in  accord- 
ance with  the  provisions  of  this  act,  grant  pensions  to 
widows  of  deceased  members,  and  to  annuitants  under 
the  police  life  insurance  fund,  where  death  or  retirement 
has  occurred  prior  to  the  passage  of  this  act,  and  has  been 
caused  by  disability  acc^uired  in  the  service  of  the  de- 
partment. In  computing  the  time  of  service  of  any 
member  of  the  police  force  for  the  purpose  of  this  section, 
the  term  of  service  of  such  member  on  any  regular  police 
or  fire  department  force  of  the  city,  or  upon  the  park 
police  force  of  the  city  as  formerly  constituted,  shall  be 
computed  and  taken  the  same  as  service  on  the  police 
force  of  the  city,  and  it  shall  not  be  deemed  necessary  for 
the  purposes  of  this  section  that  such  service  shall  have 
been  continuous.     In  computing  the  time  of  service  of 


Title  VII.]  REVISED    CITY    CHARTER.  125 

hostlers  or  prison  van  drivers  for  the  purpose  of  this 
section,  the  term  of  service  which  they  shall  have  served 
as  employes  of  the  Police  Department  previously  to  being 
made  members  of  the  police  force,  shall  be  computed  and 
allowed  the  same  as  service  rendered  on  the  police  force 
of  the  city.  All  officers  who  are  retired  under  the  pro- 
visions of  this  act,  and  who  are  drawing  pay  from  the  said 
pension  fund  may,  when  able  to  act,  perform  duty  in  case 
of  emergency,  and  maybe  accepted  to  perform  temporary 
duty  by  the  Commissioners  when  satisfied  that  they  are 
able  to  serve.  While  so  serving  on  temporary  duty  they 
shall  be  entitled  to  receive  compensation  not  exceeding 
three  dollars  per  day,  in  the  discretion  of,  and  to  be  fixed 
by  the  Board,  for  every  day  or  part  of  a  day  that  they 
shall  so  serve,  in  addition  to  their  pension,  which  shall  not 
be  in  any  manner  affected  by  such  temporary  service. 
All  pensions  provided  for  herein  shall  be  payable  monthly 
and  shall  be  exempt  from  attachment  and  execution. 

Thus  amended  by  L.  1899,  c.  702;  L.  1902,  c.  551,  Sec. 
2;  L.  1904,  c.  395,  Sec.  3,  and  L.  1905,  c.  181. 

§  212.  (1)  All  money  or  property  alleged  or  supposed 
to  have  been  feloniously  obtained,  or  which  shall  be 
lost  or  abandoned,  and  thereafter  taken  into  the  custody 
of  any  member  of  the  police  force,  or  of  any  criminal 
court  in  the  city,  or  which  shall  come  into  the  custody 
of  the  pohce  justice  or  a  justice  of  the  peace  within  said 
city,  shall  be  by  such  member  or  justice,  or  by  order  of 
said  court,  given  into  the  custody  of  and  kept  by  the 
clerk  of  the  Board,  and  shall  be  particularly  registered 
by  the  clerk  in  the  book  kept  for  that  purpose,  which 
shall  also  contain  a  record  of  the  names  of  the  persons 
from  whom  such  money  or  property  was  taken,  and  of 
the  claimants  thereof,  the  time  of  its  seizure,  and  the 
final  disposition  thereof. 

(2.)  Whenever  property  or  money  shall  be  delivered 
to  the  clerk  of  the  Board  as  aforesaid,  and  the  magistrate 
or  court,  before  the  case  shall  be  heard,  shall  be  satisfied 


126  REVISED    CITY   CHARTER.  [7'///c  17/. 

from  evidence  that  the  person  arrested  is  innocent  of  the 
offense  alleged,  and  that  the  property  rightfully  belongs 
to  him,  such  magistrate  or  court  shall  thereupon,  in 
writing,  order  such  property  or  money  to  be  returned  to 
such  person,  and  the  clerk  of  the  Board,  if  he  have  it, 
shall  deliver  such  property  or  money  to  the  accused 
person  himself,  and  not  to  his  attorney,  agent  or  clerk. 

(3.)  If  any  claim  to  the  ownership  of  such  property  or 
money  shall  be  made  on  oath,  before  the  magistrate  or 
court,  by,  or  on  behalf  of  any  other  person  than  the  one 
arrested,  and  the  accused  person  shall  be  held  for  trial 
or  examination,  such  property  or  money  shall  remain  in 
the  custody  of  the  clerk  of  the  Board  until  the  discharge 
or  the  conviction  of  the  person  accused.  If  the  person 
accused  shall  be  held  for  trial  or  examination,  and  shall 
be  afterT\'ards  tried  upon  the  charge  of  having  feloniously 
taken  or  obtained  such  property  from  the  person  by 
which,  or  on  whose  behalf  the  claim  shall  be  made,  and 
shall  be  convicted  on  such  charge,  then  the  board  shall 
direct  such  property  to  be  delivered  to  the  claimant,  or 
his  duly  authorized  agent,  upon  the  certificate  of  the  dis- 
trict attorney  of  Erie  County,  or  his  deputy,  or  the  judge 
or  magistrate  who  presided  at  the  trial  at  which  such 
conviction  was  had.  If  the  accused  person  shall  be 
tried,  and  shall  be  acquitted  and  discharged,  then  the 
Board  may,  upon  the  certificate  of  either  of  the  above- 
named  officers,  direct  the  property  to  be  re-delivered  to 
the  accused  person,  on  his  making  oath  before  any  mem- 
ber of  the  Board  or  before  the  clerk  that  he  is  entitled 
to  its  possession.  If  the  accused  person  shall  not  de- 
mand the  property  and  make  the  oath,  or  if  the  Board 
shall  be  satisfied  that  he  is  not  entitled  to  the  possession 
of  the  property,  the  clerk  shall  advertise,  and  dispose  of 
the  property  in  the  manner  hereinafter  provided.  The 
provisions  of  this  subdivision  shall  not  apply  to  cases 
provided  for  in  subdivision  two  of  this  section. 

(4.)  All  property  or  money  taken  on  suspicion  of  hav- 
ing been  feloniously  obtainetl,  or  of  being  the  proceeds 


Title  TV/.]  REVISED  city  charter.  127 

of  crime,  and  for  which  there  is  no  other  claimant  than 
the  person  from  whom  the  same  was  taken,  and  all 
property  and  money,  taken  from  pawnbrokers  as  the 
proceeds  of  crime,  shall,  as  soon  as  practicable,  be  trans- 
mitted to  the  clerk  of  the  Board,  to  be  by  him  duly 
registered.  The  clerk  shall  give  notice  that  he  has 
received  such  property  by  pubhshing  such  notice  in  the 
official  paper  once  a  week  for  three  weeks.  At  the  ex- 
piration of  the  three  weeks,  the  Board  shall  determine 
what  person  is  lawfully  entitled  to  the  possession  of  the 
property,  and  shall  direct  the  return  of  the  same  to  him. 
It  shall  be  delivered  by  the  clerk  as  directed  by  the 
Board.  If  the  person  from  whom  such  property  shall  be 
taken  shall  be  a  non-resident  of  the  city,  and  the  Board 
shall  determine,  upon  examination,' that  the  circum- 
stances are  not  such  as  to  justify  the  detention  of  the 
property,  then  it  may  direct  it  to  be  re-dehvered  to  such 
person  before  the  expiration  of  the  three  weeks. 

(5.)  All  lost  property  coming  into  the  possession  of 
any  member  of  the  police  force,  and  all  property  taken 
by  any  member  of  the  force  from  any  person  supposed 
to  be  insane,  intoxicated  or  otherwise  incapable  of  taking 
care  of  himself  or  herself,  shall,  as  soon  as  practicable, 
be  transmitted  to  the  clerk  of  the  Board,  to  be  duly 
registered,  and  shall  be  delivered  to  the  owner  or  person 
entitled  to  its  possession,  upon  proof  to  the  satisfaction 
of  the  Board,  or  the  clerk  thereof,  that  such  person  is 
the  owner  or  entitled  to  the  possession  of  the  property. 

(6.)  When  money  or  property  shall  remain  in  the 
possession  of  the  clerk  for  six  months  unclaimed,  or 
where  the  Board  shall  not  have  directed  it  to  be  delivered 
to  any  person,  the  clerk  shall  publish  a  notice  in  the 
official  paper  once  a  week  for  three  weeks,  that  he  holds 
the  same.  If  no  person  lawfully  claims  the  property  the 
clerk  shall  sell  it  at  public  auction,  giving  notice  of  the 
time  and  place  of  such  sale,  by  publishing  the  sale  daily 
for  one  week  previous  thereto  in  the  official  paper  of  the 


128  KKVISKD    CITY    CHARTKH.  [TUlc  VII. 

city.  The  proceeds  of  such  sale,  and  any  unclaimed 
money  shall  be  paid  by  the  clerk  of  the  Board  to  the 
Treasurer  of  the  city,  and  become  a  jiart  nf  the  police 
pension  fund. 

(7.)  Any  property  or  money  in  the  custody  of  the 
clerk  desired  as  evidence  in  any  criminal  proceeding, 
shall  be  temporarily  delivered  for  that  purpose  to  any 
officer  who  shall  present  an  order  therefor  from  a  court, 
magistrate  or  district  attorney. 

(8.)  When  conflicting  claims  shall  be  made  to  any 
property  in  the  custody  of  the  clerk,  under  the  provi- 
sions of  this  section,  the  said  Board  or  the  said  clerk 
may  require  from  any  claimant,  as  a  condition  of  the 
delivery  of  such  property  to  him,  that  such  claimant 
execute  and  deliver  to  the  said  clerk  to  be  filed  by  him  in 
his  office,  a  bond,  with  sufficient  sureties,  to  be  a])proved 
by  said  Board,  conditioned  to  indemnify  and  save  harm- 
less the  said  Board  and  each  and  every  member  thereof, 
and  the  said  clerk  from  and  against  all  suits,  judgments, 
demands,  causes  of  action,  cost  and  damages  of  every 
nature  and  description  by  reason  of,  or  in  any  manner 
growing  out  of  the  delivciy  of  such  ])ro])erty  to  such 
claimants,  and  from  and  against  the  payment  of  any  and 
all  sums  of  money  which  the  Commissioners  or  either  of 
them,  or  th(;  said  clerk,  may  be  comjK^lled  to  pay  by 
reason  of  such  delivery;  such  bonds  shall  be  in  such 
form  as  the  Board  shall  prescribe,  and  shall  be  executed 
to  the  Board  of  Pofice  as  the  obligee  therein;  and  for 
any  breach  of  the  condition  thereof  an  action  may  be 
maintained  thereon  in  the  name  of  the  said  Board  as 
plaintiff,  and  any  recovery  thereon  shall  be  in  the  name 
of  said  ]^oard,  but  for  the  benefit  of  the  Commissioners 
or  commission,  or  clci-k,  as  to  whom  the  said  breach 
shall  have  occurred. 

§  213.  All  accounts  against  this  dejmrtment  for  ser- 
vices, labor,  or  material  and  merchandise,  except  ac- 
counts for  executin";  or  endeavoring  to  execute  criminal 


Title  VII.]  REVISED    CITY    CHARTER.  129 

process,  or  for  arresting  or  extraditing,  or  endeavoring  to 
arrest  or  extradite  criminals,  and  those  payable  out  of 
the  secret  service  fund,  shall  be  made  out  in  detail  and 
certified  by  the  Board,  before  they  are  presented  to  the 
Common  Council  for  audit. 

§  214.  The  Board  shall,  in  each  year,  make  an  esti- 
mate of  the  sums  of  money  necessary  for  the  adminis- 
tration of  the  affairs  of  the  Department  of  Police,  and  for 
defraying  the  expenses  of  said  department  for  the  ensuing 
official  year,  including  all  sums  necessarv^  for  salaries,  for 
expenses  in  the  execution  of  criminal  process,  for  office 
accommodations  and  supplies,  for  warming,  lighting, 
furnishing,  and  supplying  police  station-houses,  patrol 
barns,  and  all  buildings  in  use  or  to  be  in  use  by  the  said 
departments;  for  necessary  legal  expenses,  and  all  ex- 
penses which  may  necessarily  be  incurred  by  reason  of 
any  civil  or  criminal  action  or  proceeding  against  the 
Commissioners  of  Police,  or  either  of  them,  or  against  any 
member  of  the  pohce  force  for  acts  done  in  the  discharge 
of  his  or  their  duty;  and  also  for  any  deficiency  which, 
in  the  judgment  of  said  Board,  may  arise  in  the  police 
pension  fund  in  meeting  the  charges  payable  out  of  said 
fund  as  hereinbefore  provided.  The  said  estimate  shall 
be  signed  by  the  Board  or  a  majority  thereof,  and  shall  be 
by  the  said  Board,  on  or  before  the  first  day  of  February 
in  each  year,  transmitted  to  the  Comptroller.  Any  sum 
which  may  be  allowed  and  raised  upon  an  estimated 
deficiency  in  the  police  pension  fund  shall  be  held  by  the 
City  Treasurer  for  the  uses  and  purposes  of  the  pohce 
pension  fund. 

§  215.  The  superintendent  shall  have  the  control  of 
the  force  under  him,  which  must  look  to  him  for  all 
orders  and  directions.  All  reports  must  be  made  to  him 
by  the  force  through  the  proper  channels,  and  he  will  be 
held  responsible  for  the  discipline  and  effectiveness  of  the 
force,  and  the  enforcement  of  all  the  orders,  rules  and 
regulations  of  the  Board.     He  shall  make  to  the  Board 


130  ]{i;\  isi;i)  CITY  charter.  [Title  VII. 

quarterly  reports  in  Aviitiiig  of  the  state  of  the  pohce 
force,  with  such  statistics  and  suggestions  as  he  may 
deem  advisable  to  submit  for  the  improvement  of  the 
police  force,  and  the  discipline  thereof.  The  Board  shall, 
on  or  before  the  first  day  of  February  in  each  year,  make 
a  report  to  the  Common  Council  upon  the  condition  of 
the  poLce  force,  together  with  such  recommendations  as 
the  Board  may  deem  necessary. 

§  216.  The  superintendent  shall,  when  directed  by 
the  Mayor,  detail  a  sufficient  number  of  the  police  to 
render  any  assistance  rec^uired  by  the  head  of  any  de- 
partment in  the  discharge  of  his  duties.  *The  captains 
of  police  shall  in  their  respective  precincts  examine  the 
premises,  and  inquire  into  the  character  of  the  persons 
applying  to  the  Board  of  Excise  for  license  under  the 
provisions  of  this  title  whenever  said  application  shall 
be  referred  to  them  by  the  Board  of  Excise,  and  shall 
report  in  writing  to  said  Board  the  fitness  of  such  persons 
to  receive  licenses,  and  the  propriety  of  granting  the 
same. 

*R(>maind('r  of  this  section  superseded  l)y  L.  1896,  c.  112,  the 
Li(luor  Tax  Law. 

§  217.  Any  willful  resistance  to  any  member  of  the 
police  force,  while  in  the  discharge  of  his  duties,  and  any 
willful  or  malicious  interference  with,  or  obstruction,  or 
defacement  of  any  police  telegraph  line  or  ai)paratus,  or 
any  street  box  used  in  connection  therewith,  by  any 
person  shall  be  a  misdemeanor.  It  shall  also  be  a  mis- 
demeanor for  any  person  not  a  member  of  the  police  force 
falsely  to  represent  himself  to  be  such  a  member. 

§  218.  The  Board  shall  furnish  annually  to  the  Board 
of  Supervisors  of  Erie  County  an  accurate  statement  of 
all  moneys  paid  out  by  the  superintendent  during  the 
preceding  year,  under  the  requirements  of  this  title.  It 
shall  be  the  duty  of  the  County  Treasurer  to  pay  over  the 
money  raised  under  the  provisions  of  this  title  to  the 
Treasurer  of  the  city.     The  Supervisors  of  the  county 


Title  VII.]  R?:visED  city  charter.  131 

are  hereb)'  authorized,  empowered,  and  required  from 
time  to  time,  to  levy  and  raise  by  taxation,  all  sums  of 
money  required  to  carry  into  effect  the  fiscal  provisions 
of  this  title  affecting  the  county,  and  necessary  for  the 
payment  of  all  sums  which  by  the  provisions  of  this  title 
shall  become  a  charge  against  the  county. 

Chapter  III. 

SEALER   OF  WEIGHTS  AND  MEASURES. 

§  219.  The  Board  of  Police  shall  appoint  a  Sealer  of 
Weights  and  Measures,  and  such  assistants  as  he  may 
require,  and  provide  suitable  office  accommodations  for 
him  at  the  police  headquarters.  He  shall  hold  his  office 
for  one  year,  and  receive  such  compensation  as  may  be 
fixed  by  ordinance. 

§  220.  The  Sealer  of  Weights  and  Measures  shall  test 
all  scales,  weights  and  measures  in  the  city  as  directed 
by  ordinance,  and  shall  investigate  all  complaints  of 
violation  of  the  ordinances  of  the  city  relating  to  weights 
and  measures,  and  for  that  purpose,  or  whenever  directed 
by  the  Board,  shall  report  to  the  Corporation  Counsel  all 
violations  of  the  ordinances  of  the  city  relating  to 
weights  and  measures,  and  the  Corporation  Counsel  shall 
thereupon  bring  an  action  to  enforce  the  fine,  penalty  or 
forfeiture  prescribed  for  such  violation. 

§  221.  The  Sealer  of  Weights  and  Measures  shall 
report  in  WTiting  his  official  acts  to  the  Board  at  least  once 
in  each  week,  and  such  Sealer  of  Weights  and  Measures, 
and  assistants  shall  be  appointed  under  the  civil  service 
rules. 

Chapter  IV. 

DEPARTMENT    OF   EXCISE. 

Sections  222-230  omitted  here  because  they  have  been 
superseded  by  L.  1896,  c.  112,  known  as  the  Liquor 
Tax  Law. 


132  REVISKO    CITV    CHARTER.  [Title  VIII. 

TITLE  VIII. 

DEPARTMENT    OF    HEALTH. 

§  231.  There  shall  be  a  Department  of  Health,  which 
shall  be  under  the  control  and  management  of  a  Health 
Commissioner,  who  shall  be  appointed  by  the  Mayor,  and 
act  under  the  advice  and  supervision  of  the  Board  of 
Health.  The  Board  of  Health  shall  consist  of  the  Mayor, 
the  Commissioner  of  Public  Works,  and  said  Health 
Commissioner.  The  Health  Commissioner  shall  hold  his 
office  for  the  term  of  five  years  from  the  time  of  his 
appointment,  and  until  his  successor  is  appointed,  and 
he  shall  devote  his  entire  time  to  the  duties  of  his  office. 
He  shall  be  a  reputable  and  licensed  jjhysician  of  not  less 
than  thirty  years  of  age,  and  with  an  actual  experience 
as  a  practicing  physician  of  not  less  than  five  years. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  3. 

§  232.  The  Commissioner  shall  have  su])ervision  over 
the  care,  removal  and  burial  or  incineration  of  the  dead, 
the  registration  of  births,  marriages  and  deaths,  the 
registration  of  vital  statistics  in  the  city,  and  with  the 
approval  of  the  Board  he  shall  make  such  rules  and  regu- 
lations as  he  may  deem  necessary  for  the  proper  carrying 
out  and  enforcement  of  all  laws  and  ordinances  that  may 
be  prescribed  for  the  government  of  said  department,  for 
the  protection  of  the  public  health,  and  for  the  proper 
care  and  registration  of  such  statistics. 

§  233.  The  Commissioner  is  hereby  authorized  and 
directed  to  prepare  such  ordinances  as  he  shall  deem  to 
be  required  for  the  protection  of  the  public  health,  and 
for  securing  the  proper  registration  of  births,  marriages, 
deaths,  and  such  other  statistical  information  as  may  be 
necessary  for  the  efficient  working  of  the  department, 
with  penalties  for  their  vi(jlation,  which  ordinances,  when 
approved  by  the  Board,  shall  be  by  him  submitted  to  the 
Common  Council,  and  when  a])proved  by  said  Common 


Title  VIII.]  REVISED    COY   CHARTER.  133 

Council,  shall  have  the  same  force  and  effect  as  other 
ordinances  of  the  city.  Whenever  the  Board  of  Health 
shall  declare  that  rabies  is  prevalent  in  the  city,  or  in  the 
vicinity  thereof,  the  Commissioner  shall  prepare  ordi- 
nances prescribing  the  conditions  under  which  dogs  may 
be  kept,  brought  or  allowed  to  be  within  the  city,  and 
providing  for  the  destruction  of  dogs  suffering  from 
rabies,  and  to  prevent  the  spread  of  the  disease,  with 
penalties  for  their  violation,  which  ordinances,  when 
approved  by  the  Board,  shall  be  by  the  Commissioner 
submitted  to  the  Common  Council,  and  when  approved 
by  the  said  Common  Council,  shall  have  the  same  force 
and  effect  as  other  ordinances  of  the  city,  anything  in 
this  act  contained  to  the  contrary  notwithstanding;  and 
in  addition  to  the  other  penalties  prescribed  for  a  viola- 
tion thereof,  such  ordinances  may  further  provide  that 
any  dog  kept,  brought  or  being  within  the  city  contrary 
to  the  provisions  thereof  shall  be  a  public  nuisance  and  a 
menace  to  the  pubhc  health,  and  may  be  destroyed  or 
othei-wise  disposed  of  as  prescribed  in  such  ordinance. 
No  ordinance  so  prepared  and  approved  as  in  this  section 
provided  shall  be  repealed  or  amended  without  the 
approval  of  the  Health  Commissioner  and  Board  of 
Health,  and  the  Common  Council  shall  adopt  no  ordi- 
nance relating  to  or  governing  the  matters  and  things 
contained  in  this  title,  unless  the  same  shall  be  recom- 
mended by  the  Health  Commissioner  and  Board  of 
Health. 

Thus  amended  by  L.  1900,  c.  46. 

This  amendment  added  the  second  sentence,  relating  to  rabies. 

§  234.  The  Commissioner  shall  divide  the  city  into 
eight  health  districts,  and  the  Board  of  Health  shall  ap- 
point a  physician  in  good  standing  in  the  medical  profes- 
sion for  each  of  said  districts.  The  Board  shall  also,  in 
addition,  appoint  from  the  homeopathic  school  of  medi- 
cine, two  physicians  for  such  districts  as  it  may  designate. 
The  Board  may,  at  any  time,  remove  any  of  said  persons, 


134  REVISED    CITY   CHARTER.  [Title  VIII. 

and  a|)i)()int  a  successor.  The  said  physicians  shall  be 
known  as  city  pliysicians  of  their  respective  districts.  It 
sliall  be  the  duty  of  said  city  physicians  to  render  medi- 
cal service  to  indigent  sick  persons,  as  prescribed  in  title 
thirteen  of  this  act,  and  to  re])ort  to  the  Department  of 
Health  any  nuisances  or  unsanitary  places  or  violations 
of  health  ordinances  or  regulations  that  may  come  to 
their  attention  in  connection  with  the  performance  of 
their  duties.  In  case  of  epidemics  or  impending  pesti- 
lence the  city  physicians  shall  perform  such  professional 
duties  as  may  be  re({uired  of  them  ])y  the  Health  Com- 
missioner. 

§  235.  The  Commissioner  shall  have  power  to  appoint 
an  assistant  health  officer,  a  clerk,  a  registrar  of  vital 
statistics,  an  inspector  of  plumbing  and  drainage,  who 
must  be  a  practical  plumber,  a  city  chemist,  a  cattle 
inspector,  a  keeper  of  the  quarantine  hospital,  a  city 
scavenger,  and  two  inspectors  of  food  supples  and  drugs, 
and  such  other  officers  and  employes  as  may  be  author- 
ized by  the  Common  Council.  The  Board,  wdth  the 
concurrence  of  the  Conmion  Council,  shall  fix  the  salaries 
of  all  the  city  physicians  and  other  employes,  and  the 
duration  of  the  terms  of  office  of  all  such  employes  shall 
be  in  the  discretion  of  the  Commissioner  of  Health ;  pro- 
vided, however,  that  the  whole  expense  of  administering 
said  department  shall  not  exceed  the  sum  appropriated 
therefor  by  the  Common  Council,  except  as  provided  in 
section  seventy-three,  and  all  expenditures  so  incurred, 
for  whatever  purpose,  shall  be  made  and  met  in  such 
manner  as  is  provided  for  in  other  de{)artments  of  the 
city  government",  and  in  the  following  section.  It  shall 
be  the  duty  of  the  superintendent  of  police  to  execute 
the  orders  of  the  Health  Commissioner  when  so  requested 
by  him. 

§  236.  In  the  presence  of  great  and  imminent  peril  to 
the  public  health  of  the  city,  by  reason  of  impending 
pestilence,  it  shall  be  the  duty  of  the  Health  Commis- 


Title  VIII.]  REVISED    CITY    CHARTER.  135 

sioner  to  take  such  measures  and  do,  order,  and  cause 
to  be  done  such  acts,  and  make  such  expenditures  (be- 
yond those  duly  estmiated  for  as  herein  provided)  for 
the  preservation  of  the  pubhc  health  from  such  impend- 
ing pestilence  as  he  may,  in  good  faith,  deem  the  pubhc 
safety  and  health  to  demand,  and  the  Board  of  Health 
shall,  in  writing,  approve;  and  such  peril  shall  not  be 
deemed  to  exist,  except  when,  and  for  such  period  as  the 
Board  of  Health  shaU  by  proclamation  declare. 

§  237.  The  Commissioner  shall  have  full  power  to 
enforce  and  cany  out  all  ordinances,  rules  and  regula- 
tions for  the  preservation  of  the  public  health,  and  for 
the  registration  of  vital  statistics  as  have  been  or  may 
be  hereafter  enacted  by  the  Common  Council;  and  in 
case  any  business  or  practice  is  dangerous  or  detrimen- 
tal to  the  pubhc  health,  to  prohibit  the  same,  and  to 
declare  unwholesome  grounds,  yards,  cellars,  buildings, 
and  other  places,  stagnant  or  unwholesome  waters,  filth, 
and  unwholesome  matter  mjurious  to  health,  to  be 
nuisances,  and  upon  so  declaring,  the  Commissioner  shall 
have  power  to  abate  the  same  in  such  manner  as  he  may 
deem  expedient,  and  the  expense  may  be  assessed  upon 
the  lands  upon  or  in  front  of  which  said  nuisances  were, 
or  upon  the  parcels  of  land  benefited  by  the  abatement 
of  the  nuisance,  as  the  Common  Council  shall  direct ;  but 
no  established  business  or  the  rights  to  property  of  any 
person  shall  be  interfered  with  or  prohibited  until  the 
offender  or  offenders  therewith  charged  shall  have  been 
duly  summoned  by  notice  of  not  less  than  one  or  more 
than  five  days,  to  appear  before  said  Commissioner  to 
show  cause  why  such  declaration  or  order  of  prohibition 
shall  not  be  enforced  against  the  party  or  parties  or 
premises  charged,  nor  until  the  said  party  or  parties 
persons  interested  in  the  premises  shall  have  an  oppor- 
tunity to  be  heard,  in  person  or  by  counsel. 

§  238.  Any  person  or  persons  desiring  to  erect  a 
building  for  use  as  a  dwelling  for  more  than  three  fami- 


136  Ki;\isi:i)  <  rrv  ciiauti-.u.  ['iill<"  VIII- 

lies,  or  for  use  as  a  livery  stable  or  })ublic  bum  in  which 
live  stock  of  any  kind  is  to  ke  kept,  a  slaughter-house 
or  a  rendering  establishment,  or  to  alter  or  convert  an 
existing  building  to  such  uses,  shall  submit  the  plans 
for  such  building  or  alterations  to  the  Commissioner, 
who  shall  have  jjower,  if  not  prohibited  by  ordinance  or 
law,  to  permit  or  prohibit  the  erection  or  alteration  or 
conversion  of  any  building  to  be  devoted  to  such  uses 
under  such  rules  and  regulations  as  he  may  adopt;  and 
the  Commissioner  shall  have  the  power  to  cause  the 
removal  of  persons  from  any  building  which,  in  his 
judgment,  is  so  crowded  by  ])ersons  dwelling  therein  as 
to  endanger  the  public  health. 

§  239.  (1.)  Every  master  and  journ(>yniuu  plumber,  or 
a  person  who  has  been  engaged  in  the  business  of  plumb- 
ing for  five  years  next  prior  to  the  i)assage  of  this  act, 
carrying  on  his  trade  in  the  city,  shall  under  such  rules 
and  regulations  as  the  Board  of  Health  of  said  city  may 
prescribe,  register  his  name  and  address  with  the  clerk 
of  said  Boai'd  of  Health,  and  after  said  date  it  shall  not 
be  lawful  for  any  pcM'son  to  carry  on  the  trade  of  plumb- 
ing in  said  city,  unless  his  name  is  registered  as  above 
provided. 

(2.)  A  list  of  the  registered  ])lumbers  in  the  city  of 
Buffalo  shall  be  ])ublished  in  the  newspaper  designated 
by  the  Common  Council  of  said  city  to  publish  the  official 
proceedings  of  said  city  at  least  once  in  each  year. 

(3. )  The  drainage  and  plumbing  const ruct ed  or  placed 
in  and  about  all  buildings,  both  ])ublic  and  private,  in 
the  city  of  Buftalo,  shall  be  constructed,  executed,  and 
placed  in  accordance  with  plans  previously  approved  in 
writing  by  the  Board  of  Health  or  the  Health  Commis- 
sioner. Suitable  drawings  and  descriptions  of  said  drahi- 
age  and  plumbing  shall  in  each  case  be  submitted  to  said 
Board  of  Health  or  Commissioner,  and  shall  l)e  placed  on 
file  in  the  office  of  the  Board.  Said  Board  of  Health  is 
hereby  authorized  to  receive  and  place  on  file  drawings 


Title  VIIL]  REVISED  city  charter.  137 

and  descriptions  of  the  plumbing  and  drainage  of  build- 
ings erected  in  said  city  prior  to  the  passage  of  this  act. 

§  240.  The  Board  of  Health  of  the  city  of  Buffalo 
shall  have  power  to  make  such  rules  and  regulations  ff  r 
the  registration  of  plumbers,  and  for  drainage  in  said 
city  as  such  Board  shall  deem  proper,  and  to  make  all 
such  rules  and  regulations  as  shall  by  it  be  deemed  neces- 
sary to  carry  into  effect  the  provisions  of  this  title. 

§  241.  The  Commissioner  shall  have  power  to  take 
measures  to  prevent  the  entrance  of  pestilential  or  infec- 
tious diseases  into  the  city;  to  stop,  detain,  and  examine 
for  that  purpose  every  person  coming  from  any  place 
infected,  or  believed  to  be  infected  with  such  disease; 
to  cause  any  person  infected  or  believed  to  be  infected 
with  such  disease  to  be  removed  to  such  quarantine  hos- 
pital as  the  city  may  maintain.  And  for  such  purpose 
the  city  shall  maintain  a  quarantine  hospital  which  shall 
be  under  the  control  and  direction  of,  and  whose  neces- 
sary attendants  shall  be  appointed  by,  the  Commissioner. 
The  Commissioner  shall  have  power  to  cleanse  infected 
buildings,  vessels,  vehicles,  and  places  of  all  kinds,  and  to 
destroy  furniture,  clothing,  and  other  property  so  infected 
as  to  be  dangerous  to  public  health, 

§  242.  Any  court  of  record  in  the  city,  or  any  judge 
or  justice  thereof,  shall  have  power,  at  any  time  after  the 
service  of  notice  of  any  violation  of  any  provision  of  this 
title,  and  upon  the  affidavit  of  the  Commissioner,  to  re- 
strain in  an  action  by  the  Commissioner,  in  his  name  of 
office,  by  injunction  order,  the  further  progress  of  any 
violations  of  the  provisions  of  this  title  or  of  any  work 
upon  or  about  the  building  or  premises  upon  which  the 
said  violation  exists,  and  no  undertaking  shall  be  required 
as  a  condition  to  the  granting  or  issuing  of  any  injunction. 
Upon  obtaining  such  injunction,  the  Health  Commis- 
sioner shall  record  in  the  office  of  the  clerk  of  the  county 
of  Erie  an  instrument  under  his  hand,  setting  forth  a 
description  of  the  premises  against  which  such  injunction 


138  ]{KVIS];i)   CITY   t'HAKTKR.  [Title  IX. 

is  obtained,  and  the  nature  of  the  complaint  against  the 
same.  The  clerk  of  the  county  is  hereby  authorized  and 
required  to  provide  a  suitable  book  in  which  to  record 
such  instruments,  and  the  necessary  and  proper  indexes 
thereto.  Upon  such  injunction  being  dissolved,  or  upon 
certificate  of  the  Health  Commissioner  that  the  cause  of 
complaint  has  been  removed,  the  said  clerk  of  the  county 
is  authorized  and  required  to  discharge  of  record  the 
instrument  so  recorded  relating  to  the  property  affected 
by  such  injunction. 

§  243.  It  shall  be  the  duty  of  the  Commissioner  to 
visit  all  hospitals  in  which  patients  supported  by  the  city 
are  received,  at  least  once  in  each  month,  and  to  inquire 
into  the  condition  of  any  such  patients  whom  he  may 
find  therein,  and  to  order  the  discharge  of  any  such 
patients  whom  he  shall  deem  to  be  sufficiently  recovered, 
and  he  shall  communicate  such  order  to  the  department 
of  poor;  and  after  the  issuing  of  any  such  order  the 
patient  therein  referred  to  shall  cease  to  be  a  city  charge. 

§  244.  Any  persons  violating  any  of  the  provisions 
of  this  title  or  any  of  the  ordinances  adopted  under  the 
powers  granted  by  it,  shall  be  deemed  guilty  of  a  mis- 
demeanor. 


TITLE  IX. 

DEPARTMENT    OF    FIRE. 

Chapter  I. 


§  245.  There  shall  be  a  Department  of  Fire,  of  which 
the  Board  of  Fire  Commissioners  shall  be  the  head.  The 
Board  shall  consist  of  three  members,  who  shall  be 
appointed  by  the  Mayor,  who  shall  hold  their  offices  for  [| 

the  term  of  six  years,  and  until  their  successors  are  ' 

appointed.     No  more  than  two  Commissioners  shall  be 


i 


Title  /X.]  REVISED    CITY    CHARTER.  139 

adherents  of  the  same  pohtical  party.  Vacancies  in  the 
Board  shall  be  filled  by  the  Mayor  by  appointment  for 
the  unexpired  terms.  The  Mayor  may  appoint  Commis- 
sioners to  fill  temporarily  the  places  of  Commissioners 
unable  to  perform  their  duties  by  reason  of  mental  or 
physical  disability,  or  absence  from  the  city;  such  tem- 
porary Commissioners  shall  receive  the  compensation  of 
the  Commissioners  whose  places  they  occupy  for  the 
time  they  serve. 

§  246.  The  Commissioners  in  office  at  the  time  this 
act  takes  effect  shall  constitute  the  first  Board,  and  shall 
serve  out  the  terms  for  which  they  were  respectively  ap- 
pointed.    Two  members  of  such  Board  shall  be  a  quorum. 

§  247.  No  member  of  the  Board  shall  be  interested  in 
the  purchase  or  sale  of  lands  for  the  use  of  the  depart- 
ment, in  the  constmction  and  repair  of  engine-houses,  or 
in  the  manufacture,  purchase  or  sale  of  anything  used  in 
the  department.  Any  member  who  shall  be  so  inter- 
ested, or  who  shall  be  guilty  of  misconduct  in  office,  or 
who  shall  neglect  his  official  duties,  shall  be  removed  by 
the  Mayor  after  due  hearing  on  charges. 

§  248.  The  Board  shall  hold  at  least  four  regular 
meetings  each  month,  and  shall  make  rules  to  govern  its 
proceedings.  The  Commissioners  shall  elect  one  of  their 
number  to  be  the  president  of  the  Board. 

§  249.  The  Board  shall  appoint,  and  may  at  pleasure 
remove  a  secretary.  He  shall  keep  an  accurate  record 
of  all  proceedings  of  the  Board,  and  shall  perform  such 
other  duties  as  it  may  prescribe.  Records  kept  by  the 
secretary,  when  duly  certified  by  him,  shall  be  received 
as  evidence  in  all  legal  proceedings. 

§  250.  The  Board  shall  also  appoint,  and  may  after  a 
pubfic  hearing  on  written  charges  remove  a  chief  engi- 
neer, an  assistant  chief  engineer,  a  surgeon  of  the  de- 
partment, a  superintendent  of  horses,  a  chief  operator, 


140  REVISED    CITY    CHARTER.  [Title  IX 

and  such  district  engineers,  foremen,  and  other  subor- 
dinates as  it  may  deem  necessary  for  the  efficient  worlv- 
ing  of  the  department,  and  it  shall,  subject  to  the  appro- 
val of  the  Common  Council,  fix  the  salaries  of  all  its 
employees.  The  officers  and  other  members  of  the  Fire 
Department  in  office  when  this  title  takes  effect  shall 
continue  in  office,  and  hold  their  respective  positions,  or 
the  positions  herein  designated  which  correspond  to  those 
which  they  shall  then  hold,  unless  reduced  in  rank  or 
removed  ])ursuant  to  the  provisions  of  this  act. 

• 

§  251.  The  Board  shall  annually  grant  to  the  chief 
engineer,  assistant  chief  engineer,  and  district  engineer, 
a  vacation  of  not  more  than  fifteen  consecutive  days  with 
pay,  and  to  the  other  members  of  the  department,  an 
annual  vacation  of  not  more  than  ten  consecutive  days 
with  pay.  They  shall  also  grant  to  each  and  every  mem- 
ber of  the  department  two  days'  leave  of  absence  in  each 
month  with  pay,  beginning  at  8  o'clock  in  the  forenoon 
of  one  day,  and  ending  at  8  o'clock  in  the  forenoon  of  the 
following  day.  Such  leave  of  absence  may  be  suspended 
when  public  interests  require  it.  They  shall  also  grant 
to  each  member  of  the  department  three  hours  each  day 
for  meal-time,  and  grant  to  any  member  of  the  depart- 
ment who  is  disabled  by  sickness,  half-pay  from  the 
time  that  said  sickness  shall  exist,  provided  it  be  for  no 
longer  time  than  six  months,  and  the  said  Board  shall 
grant  to  any  member  of  the  department  who  shall  have 
become  disabled  by  accident  while  in  the  performance  of 
duty,  full  pay  until  he  shall  become  able  to  resume  his 
duties,  provided  it  be  for  no  greater  tune  than  one  year. 
But  in  case  of  the  sickness  or  other  disability  of  any 
member,  the  said  Board  may  from  time  to  time  require 
the  certificate  or  affidavit  of  the  attending  physician  that 
such  member  is  not  able  to  perform  his  duties  as  a  mem- 
ber of  the  Fire  Department.  The  Board  of  Fire  Com- 
missioners may,  with  the  approval  of  the  Mayor  and  the 
Common  Council,  divide  the  captains  or  foremen  of  com- 


Title  /X.]  REVISED    CITY    CHARTER,  141 

panics,  lieutenants  or  assistant  foremen,  engineers,  and 
firemen  of  all  grades  into  two  platoons,  one  to  perform 
day  service,  and  the  other  to  perform  night  service.  In 
case  of  riot  or  serious  conflagration  the  Board,  or  the 
chief  engineer  shall  have  power  in  its  discretion  to  assign 
all  members  of  the  department  to  continuous  duty. 
Neither  of  said  platoons  shall  be  required  to  perform 
continuous  day  service  or  night  service,  as  above  pre- 
scribed, for  a  longer  consecutive  period  than  one  week, 
except  so  far  as  may  be  necessary  to  equalize  the  hours 
of  duty  and  service  between  the  two  platoons,  and  also 
except  in  the  case  of  riot  or  serious  conflagration,  as  above 
provided.  The  salaries  now  paid  to  captains  or  foremen, 
lieutenants  or  assistant  foremen,  engineers,  and  firemen 
of  all  grades,  shall  not  be  reduced. 
Thus  amended  by  L.  1903,  c.  243. 

This  amendment  added  the  last  four  sentences,  giving  authority 
for  division  of  the  firemen  into  two  platoons. 

§  252.  The  Board  shall  control  and  manage  the 
department.  It  shall  have  charge  of  the  property  used 
by  the  department,  including  the  fire-alarm  telegraph. 
It  shall  purchase  such  horses,  supplies,  engines,  hose, 
and  other  apparatus  as  may  be  required,  and  shall  make 
repairs  necessary  to  any  of  the  property  under  its  con- 
trol, except  repairs  to  buildings.  It  shall  .recommend 
to  the  Common  Council  the  erection,  alteration,  and  re- 
pair of  engine-houses  and  buildings  for  the  department 
when  necessary,  and  the  plans  therefor  must  be  approved 
by  it.  It  shall  employ  subordinates,  whose  duty  it  shall 
be  to  make  repairs  to  engines,  hose,  wagons,  ladders,  and 
other  apparatus  of  the  department,  but  such  subordi- 
nates shall  not  be  taken  from  the  house  in  which  they  are 
employed  to  do  such  work  at  any  other  places  in  the 
department.  It  shall  provide  for  the  proper  drilling  and 
exercise  of  the  officers,  men  and  horses  of  the  depart- 
ment, when  not  on  active  duty. 

§  253.  The  Board  shall  not  order  the  expenditure  of 
any  money  or  make  any  contract  except  by  the  majority 


142  REVISED    CITY    CHARTER.  [Title  IX. 

vote  of  all  its  members,  which  votes  shall  be  taken  by 
yeas  and  nays,  and  entered  upon  the  minutes.  No 
expenditure  or  contract,  exceeding  or  involving  the  sum 
of  five  hundred  dollars,  shall  be  made  without  the  con- 
sent of  the  Common  Council.  Before  the  Board  shall 
enter  into  a  contract  for  the  performance  of  any  work,  or 
the  purchase  of  any  apparatus,  material  or  supplies,  the 
expense  of  which  shall  exceed  the  sum  of  five  hundred 
dollars,  it  shall  cause  a  notice  to  be  pubhshed  in  three 
successive  numbers  of  the  official  paper,  Sundays  and 
legal  holidays  excepted,  and  in  case  of  the  purchase  of 
apparatus  for  the  department,  due  and  ample  notice  shall 
be  mailed  to  such  competing  parties  as  the  Board  shall 
deem  ad\isable,  inviting  sealed  proposals  for  the  same 
according  to  the  plans"  and  specifications  to  be  filed  in  its 
office,  and  the  contract  shall  be  let  to  the  lowest  respon- 
sible bidder,  who  shall  furnish  security  for  its  performance 
satisfactor}'  to  the  Board. 

'  §  254.  The  Board  shall  make  and  enforce  rules  and 
regulations  for  the  government  of  the  officers  and  em- 
ployees of  the  department  in  the  discharge  of  their  duties. 
They  shall  also  adopt  mles  and  regulations  to  prevent 
interference  with  the  department  audits  apparatus,  and 
such  last-mentioned  mles  and  regulations  shall  have 
the  force  and  effect  of  ordinances  when  approved  by  the 
Common  Council. 

§  255.  The  Board  shall  investigate  the  cause  and 
origin  of  all  fires  in  the  city,  and  when  deemed  advisable 
testimony  may  be  taken  before  it,  which  shall  be  reduced 
to  writing,  and  subscribed  by  the  witnesses,  and  the 
Board  shall  thereupon  report  it  to  the  Board  of  PoMce, 
with  its  opinion  as  to  the  cause  and  origin  of  the  fire. 
The  Board  shall  have  power  to  issue  subpoenas  for 
witnesses  to  appear  before  it  and  testify  upon  any  such 
investigation,  and  to  produce  before  it  books  and  papers, 
and  each  member  of  the  Board  may  administer  an  oath 
to  such  witnesses  and  examine  them,  and  the  books  and 


Title  /X.]  REVISED    CITY    CHARTER.  143 

papers  produced  by  them.  If  any  such  witness  shall 
refuse  to  appear  or  to  produce  such  books  and  papers,  or 
appearmg,  shall  refuse  to  testify,  the  Board  ma}'  report 
such  refusal  to  any  court  of  record  or  a  judge  thereof, 
and  such  court  or  judge  may  make  an  order  for  the 
future  appearance  of  such  person  or  the  production 
before  the  Board  of  such  books  and  papers,  and  punish 
any  disobedience  of  such  order  as  a  contempt  of  court. 

§  256.  The  Board  shall  make  an  annual  report  to  the 
Common  Council  stating  the  expenditures  of  the  year, 
the  condition  of  the  property  under  its  control,  the 
number  and  origin  of  the  fires  occurring  during  the  year, 
and  any  other  pertinent  matters. 

§  257.  The  chief  engineer  shall  be  the  executive  officer 
of  the  Board,  and  shall  perform  such  duties  as  may  be 
imposed  upon  him  by  the  Board.  In  case  of  his  absence 
or  inability  to  act,  the  assistant  chief  engineer  shall  act  in 
his  place.  The  chief  engineer,  under  the  direction  of 
the  Board,  shall,  by  virtue  of  the  office,  be  superintendent 
of  the  fire-alarm  telegraph,  and  the  Board  may  appoint 
such  number  of  operators  and  other  employes  as  may 
be  necessary  for  the  management  of  said  telegraph. 
No  person  connected  with  the  department,  except  the 
Commissioners,  shall  be  engaged  in  any  business  or 
occupation  other  than  that  of  the  department. 

§  258.  Each  member  of  the  Board,  the  chief  engineer, 
the  assistant  chief  engineer,  and  each  district  engineer, 
shall  have  power,  at  all  reasonable  times,  to  enter  and 
examine  any  premises,  and  they  shall  report  to  the 
Board  all  violations  of  any  ordinance  for  the  prevention 
of  fires. 

§  259.  The  Board  shall  report  to  the  Corporation 
Counsel  any  violation  of  the  fire  ordinances,  and  he  shall 
thereupon  bring  an  action  to  enforce  the  penalty  or  for- 
feiture prescribed  for  such  violation.  The  Corporation 
Counsel  shall  not  settle  or  discontinue  any  such  action 
without  the  consent  of  the  Board. 


144  REVISED    CITY    CHARTHR.  [Title  IX. 

§  260.  Each  member  of  the  Board,  the  chief  engiixeer, 
the  assistant  chief  engineer,  and  each  district  engineer, 
may  arrest  or  orally  direct  any  policeman  or  person  to 
arrest  any  one  who  disobeys  his  lawful  order,  or  who  is 
intoxicated  or  disorderly  at  a  fire,  and  cause  the  person 
so  arrested  to  be  confined  temporarily  or  until  the  fire 
shall  be  extinguished. 

§  261.  The  engineer,  the  assistant  chief  engineer,  or 
district  engineer  hi  command,  with  the  concurrence  of 
the  Mayor,  or,  if  the  Mayor  is  not  present,  with  the 
concurrence  of  one  of  the  fire  Commissioners,  may  direct 
any  burning  building,  or  any  other  building  which  they 
may  deem  hazardous  and  hkely  to  talce  fire  and  en- 
danger the  safety  of  other  buildings,  to  be  torn  down, 
blown  up  or  destroyed. 

§  262.  Any  person  owning,  or  having  any  interest  in, 
any  building  injured  or  destroyed  b}'  any  act  authorized 
by  the  preceding  section,  may,  within  three  months 
thereafter,  file  with  the  City  Clerk  a  verified  statement 
of  the  facts  of  such  injuiy  or  destruction,  and  the  dam- 
ages claimed  by  him.  If  the  claim  is  made  within 
such  time,  and  the  city  does  not  within  two  months 
compromise  or  pay  it,  the  claimant  may  within  one  year 
after  the  building  was  injured  or  destroyed,  present  a 
petition  to  the  Supreme  Court  or  the  Superior  Court  of 
Buffalo,  for  the  appointment  of  three  Conmiissioners  to 
ascertain  the  just  compensation  to  be  made  to  him.  The 
petition  shall  be  verified,  and  a  copy  of  it,  with  notice  of 
the  time  and  place,  when  and  where  it  will  be  presented, 
shall  be  served  on  the  Corporation  Counsel  at  least  four- 
teen days  before  the  day  when  it  shall  be  so  presented. 
The  court  shall  hear  the  proofs  and  allegations  of  the 
parties,  and  shall,  in  a  proper  case,  appoint  three  per- 
sons to  ascertain  the  just  compensation  to  be  made  to 
the  claimant,  and  fix  the  time  and  place  of  their  first 
meeting.  The  Commissioners  shall  be  paid  five  dollars 
a  day  for  their  services.  Such  pajmient  shall  be  made 
by  the  city. 


Title  IX.]  REVISED    CITY    CHARTER.  145 

§  263.  The  Commissioners  so  appointed  shall  take 
and  subscribe  an  oath  that  they  will  faithfully  discharge 
their  duties.  Any  of  them  may  issue  subpoenas  and 
administer  oaths  to  witnesses.  A  majority  of  them  may 
adjourn  the  proceedings  before  them,  from  time  to  time, 
in  their  discretion.  They  shall  view  the  premises,  hear 
the  proofs  and  allegations  of  the  parties,  and  reduce  the 
testimony  taken  by  them,  if  any,  to  writing;  and  after  the 
testimony  is  closed  they,  or  a  majority  of  them,  all  being 
present,  shall,  without  unnecessaiy  delay,  ascertain  and 
determine  the  amount  which  ought  justly  to  be  paid 
by  the  city  to  the  claimant  or  claimants.  In  determin- 
ing such  amount,  the  Commissioners  shall  decide  whether 
the  building  so  damaged  or  destroyed  would  have  been 
destroyed  by  the  fire,  and  if  they  decide  that  it  would 
have  been  so  destroyed,  they  shall  not  award  to  the 
claimant  or  claimants  an  amount  exceeding  the  amount 
of  valid  insurance  which  such  claimant  or  claimants  had 
then  existing  in  their  favor  upon  such  building,  and 
which  they  may  have  lost  by  its  destruction.  And  if 
they  shall  determine  that  the  said  building  would  not 
have  been  destroyed  by  the  fire,  they  shall  award  the  full 
damages  to  the  property,  as  determined  by  them. 

§  264.  Ever>'  fireman,  and  ever^^  person  who  shall 
have  served  as  a  volunteer  fireman  without  pay,  in  the 
city  for  the  term  of  five  years,  shall  be  exempt  from  serv- 
ing as  a  juror,  and  from  all  mihtia  duty,  except  in  cases 
of  insurrection  or  invasion.  A  certificate  from  the  Mayor 
under  the  city  seal,  shall  be  evidence  of  such  exemption. 
The  Common  Council  may  grant  certificates  of  exemption 
to  members  of  the  late  volunteer  fire  department  of  the 
city,  who  were  duly  enrolled  in  any  one  of  the  companies 
of  said  department,  in  like  manner,  and  with  the  same 
effect  as  though  they  had  served  the  full  term  of  five 
years,  without  pay,  as  volunteer  firemen. 

§  265.  The  money  which  is  required  by  chapter  one 
hundred  and  seventv-eight  of  the  laws  of  eighteen  hund- 


146  REVISED    CITY   CHARTER.  [Title  IK. 

dred  and  forty-nine^,  and  the  acts  amendatory  thereof, 
and  supplementary  thereto,  to  be  paid  to  the  Treasurer 
the  city,  shall  be  paid  to  the  treasurer  of  the  Firemen's 
Benevolent  Association  of  Buffalo,  and  the  bond  required 
by  such  chapter  shall  be  executed  and  delivered  to  him. 

Chapter  II. 

firemen's  relief  and  pension  fund. 

§  266.  There  shall  be  established  in  the  city  of  Bufl'alo 
a  Firemen's  Relief  and  Pension  Fund,  which  shall  con- 
sist of: 

1.  All  securities,  property,  and  moneys,  which  upon 
the  passage  of  this  act,  are  in  the  possession,  and  under 
the  control  of  the  Fire  Commissioners  of  said  city,  be- 
longmg  to  the  Firemen's  Relief  Fund. 

2.  All  fines,  penalties,  and  forfeitures  that  from  time 
to  time  may  be  imposed  upon  any  officer  or  member  of 
the  Fire  Department  of  said  city  by  way  of  discipUne 
collectible  from  pay  or  salary. 

3.  All  rewards,  fees,  gifts  or  emoluments  that  may  be 
paid  or  given  for  extraordinary  services,  rendered  by 
any  officer  or  member  of  said  Fire  Department,  except 
when  allowed  to  be  retained  by  such  officer  or  member 
by  the  Board  of  Fire  Commissioners,  or  given  to  endow 
a  medal  or  other  permanent  competitive  reward. 

4.  All  moneys  realized,  derived  or  received  from  the 
sale  of  condenmed,  unfit,  and  unserviceable  property 
belonging  to  or  in  the  possession  or  under  the  control  of 
said  Fire  Commissioners,  where  the  same  does  not  exceed 
the  sum  of  two  hundred  and  fifty  dollars  in  value  for  any 
one  article. 

5.  All  fees  and  moneys  realized,  received,  or  derived 
from  the  granting  or  issuing  of  licenses  for  the  keeping 
or  sale  of  fireworks,  kerosene,  coal  oil,  naphtha,  gasoline, 
gun-powder,  and  other  explosive  materials. 


Title  /X.]  REVISED    CITY   CHARTER.  147 

6.  All  moneys  realized,  derived,  or  received  from 
fines  or  penalties  under  the  provisions  of  this  act  or  under 
the  ordinances  of  the  city  of  Buffalo,  or  under  the  rules 
and  regulations  of  the  Board  of  Fire  Commissioners,  for 
the  prevention  and  extinguishment  of  fires,  and  for  the 
conveying  and  removal  of  gun-powder,  nitroglycerine, 
and  other  explosives,  in  and  through  the  city  or  any  part 
thereof,  and  the  keeping  and  sale  of  fireworks,  kerosene, 
coal  oil,  naphtha,  gasoline,  gun-powder,  and  other  ex- 
plosive materials. 

7.  Three  per  centum  of  the  revenues  received  by  the 
city  of  Buffalo,  as  excise  moneys  under  the  excise  laws 
of  the  state. 

Thus  amended  by  L.  1899,  c.  253. 

This  amendment   added  subdivision  7. 

§  267.  The  Mayor,  the  members  of  the  Board  of  Fire 
Commissioners,  and  the  chief  engineer  of  the  Fire  De- 
partment of  the  city,  and  their  successors  in  office,  are 
hereby  constituted  the  Board  of  Trustees  of  the  Fire- 
men's Relief  and  Pension  Fund.  The  said  Board  of 
Trustees  shall  have  the  exclusive  control,  management, 
and  distribution  of  said  fund.  The  Mayor  shall  be  chair- 
man of  said  Board  of  Trustees.  The  secretary  of  said 
Board  of  Fire  Commissioners  shall  be  the  secretary  of 
said  Board  of  Trustees.  The  Treasurer  of  the  city  shall 
be  the  treasurer  of  such  Board.  Each  of  these  officers 
shall  serve  without  additional  compensation.  When 
this  act  takes  effect,  the  Mayor  shall  call  a  meeting  of  the 
officers  hereby  designated  to  constitute  such  Board  of 
TiTistees,  for  the  purpose  of  cariying  the  provisions  of 
this  chapter  into  effect.  The  said  Board  of  Trustees  are 
hereby  authorized  to  adopt  rules  and  regulations  for  its 
government;  and  it  shall  hear  and  determine  all  appli- 
cations for  rehef  or  pension  under  this  chapter,  and  its 
decision  shall  be  final  and  conclusive,  and  not  subject 
to  review  or  reversal  except  by  said  Board  of  Trustees; 
it  shall  cause  to  be  kept  a  record  of  all  its  proceedings 
and  meetings. 


148  REVISED    CITY   CHARTER.  [Title  IX. 

Thus  amended  by  L.  1S97,  c.  161. 

This  amendment  made  the  City  Treasurer,  instead  of  the  Chair- 
man of  the  Board  of  Fire  Commissioners,  treasurer  of  this  fund. 

§  268.  1.  The  said  Board  of  Fire  Commissioners  shall 
have  the  power  and  authority  by  a  majority  vote  to  re- 
tire or  discharge  from  all  service  in  the  Fire  Department, 
any  officer  or  member  thereof  who  may  be  found  on 
examination  by  the  surgeon  of  the  department,  duly 
certified  under  oath,  disfjualified  physically  or  mentally 
for  the  performance  of  his  duties  in  the  department  by 
reason  of  disease  or  disability  caused  or  induced  by  the 
actual  ])erformance  of  the  duties  of  his  position  without 
fault  or  misconduct  on  his  part. 

2.  Eveiy  officer  or  member  of  said  department  who 
may  have  become  permanently  incapacitated  from  per- 
forming full  duty  as  a  fireman  by  reason  of  disease  or  dis- 
ability caused  or  induced  by  injury,  or  by  long  service  and 
exposure  while  in  the  line  of  his  duty  as  a  fireman,  with- 
out fault  or  misconduct  on  his  part,  may,  on  his  own 
application,  be  retired  from  service  by  a  majority  vote  of 
such  Board,  provided  the  applicant  has  been  examined  by 
the  surgeon  of  the  department,  and  his  sworn  certificate 
filed,  showing  that  the  applicant  is  permanently  disquali- 
fied from  performing  the  duties  of  a  fireman.  A  pension 
shall  be  granted  and  paid  to  each  person  so  retired  from 
the  said  Firemen's  Relief  and  Pension  Fund  equal  to  one- 
half  the  annual  compensation  allowed  him  as  a  salary  at 
the  date  of  his  retirement  from  the  service,  or  such  less 
sum  in  i)roportion  to  the  number  of  offices  and  mem- 
bers so  retired,  as  the  condition  of  the  fund  shall  warrant. 
But  no  officer  or  member  of  said  department  shall  be 
entitled  to  any  allowance  as  pension  under  the  provisions 
of  this  chapter,  during  the  time  he  shall  be  receiving  full 
salary  from  said  Fire  Department. 

3.  The  widow,  minor  child  or  children  dependent 
parent  or  parents  of  any  deceased  officer  or  member  of 
said  Fire  Department,  provided  the  death  of  such  officer 


Title  7X.]  REVISED  city  charter.  149 

or  member  occurs  during  his  service  in  said  Fire  Depart- 
ment, and  is  caused  or  induced  by  injury  or  by  long  ser- 
vice and  exposure  wliile  in  the  Hne  of  his  duty,  without 
fault  or  misconduct  on  his  part,  or  after  he  has  retired 
on  account  of  disability,  or  is  discharged  as  hereinbefore 
provided,  by  reason  of  his  having  become  physically  or 
mentally  disqualified  from  performing  his  duty,  shall  be 
allowed  and  entitled  to  receive  from  said  fund  an  allow- 
ance as  pension.  The  amount  of  such  pension  shall  be 
determined  upon  the  following  conditions: 

a.  To  the  widow  of  such  officer  or  member,  the  sum 
of  twenty-five  dollars  per  month.  But  upon  her  re- 
marriage, such  pension  shall  cease. 

h.  To  each  child  of  such  officer  or  member,  under  the 
age  of  sixteen  years,  the  sum  of  five  dollars  per  month. 
Upon  the  child  attaining  the  age  of  sixteen  years,  such 
pension  shall  cease.  In  case  the  widow  shall  die  or  re- 
marry, then  the  pension  allowed  to  her  shall  be  paid  to 
the  child  or  children  of  such  deceased  officer  or  member 
who  shall  be  under  the  age  of  sixteen  years.  But  all 
such  payments  to  any  child  shall  cease  when  such  child 
becomes  sixteen  years  of  age.  The  whole  amount  paid 
to  the  widow,  and  minor  child  or  children  of  any  officer 
or  member  shall  not  exceed  one-half  the  annual  compen- 
sation allowed  such  officer  or  member  at  the  date  of  his 
death  or  retirement. 

c.  To  the  dependent  parent  or  parents  of  such  officer 
or  member  the  sum  of  twenty-five  dollars  per  month. 
No  pension  shall  be  paid  to  a  dependent  parent  or  parents 
in  case  the  officer  or  member  of  said  Fire  Department 
so  dying  shall  leave  him  surviving,  a  widow  or  minor 
child  or  children.  No  more  than  one  pension  shall  be 
paid  in  case  both  parents  survive. 

4.  Said  Board  of  Trustees  shall  pay  the  pension 
allowed  and  fixed  by  this  chapter  from  said  Rehef  and 
Pension  Fund,  and  said  Board  of  Trustees  may  in  its  dis- 
cretion, pay  the  pension  of  said  minor  child  or  children 


150  REVISKD    CITY    CHARTIOR.  [Title  /X. 

to  their  mother  or  to  their  general  or  testamentary 
guardian,  or  to  the  person  or  persons  who  shall  have  the 
care  and  custody  of  said  minor  child  or  children,  and  the 
decision  of  said  Board  of  Trustees  as  to  what  is  deemed 
for  the  best  interests  of  said  minor  child  or  children  shall 
be  final  and  conclusive,  and  payment  according  to  its 
determination  of  the  pensions  herein  provided  for  shall 
be  a  full  discharge  for  the  moneys  so  paid. 

5.  This  chapter  shall  apply  to  all  who  now  are  or 
shall  hereafter  become  officers  and  members  of  the  Fire 
Department  of  the  city  of  Buffalo,  and  all  of  such  persons 
shall  be  eligil)le  to  the  benefits  secured  by  the  creation 
of  this  fund. 

6.  Pensions,  as  provided  in  subdivisions  two  and 
three  of  this  section  shall  be  paid  to  officers  and  members 
of  the  department  who  have  been  discharged  or  retired 
as  therein  provided,  and  to  the  widow,  minor  child  or 
children,  or  dependent  parent  or  parents  of  any  officer  or 
member  who  has  been  killed  in  the  discharge  of  his  duty 
or  died  on  account  of  disability  acquired  in  the  service 
and  in  the  line  of  duty  after  the  passage  of  this  act. 

Thus  amended  by  L.  1892,  c.  18. 

This  amendment  inserted  the  word   "after"  in  the  last  line  in 
place  of  the  words  "previous  to"  in  the  original  law. 

7.  All  moneys  ordered  to  be  paid  out  of  said  Pension 
and  Relief  Fund  to  any  person  or  persons  shall  be  paid 
by  the  Treasurer  only  upon  warrants  signed  by  the  chair- 
man of  the  Board,  and  coimtersigned  by  the  secretary 
thereof,  and  no  warrant  shall  be  drawn  except  by  the 
order  of  said  Board,  duly  "entered  in  the  record  of  the 
proceedings  of  said  Board.  Said  Board  of  Trustees  is 
hereby  authorized  to  deposit  said  fund  in  any  of  the 
banks  of  the  city  of  Buffalo  vipon  receiving  adequate 
security  therefor,  or  to  invest  the  same  in  bonds  and 
mortgages  on  improved  real  property  worth  twice  the 
amount  loaned,  or  in  bonds  of  the  United  States,  or  of 
this  state,  or  of  the  city  of  Buffalo,  or  of  any  city,  county, 


Title  /X.]  REVISED    CITY    CHARTER.  151 

town  or  village  of  this  state^  issued  pursuant  to  the 
authority  of  the  laws  of  this  state.  All  interest,  income, 
or  dividends  which  shall  be  paid  or  agreed  to  be  paid  on 
account  of  any  such  loan  or  deposit  shall  belong  to  and 
constitute  a  part  of  such  fund .  Nothmg  herein  contained 
shall,  however,  be  construed  as  authorizing  the  Treasurer 
to  loan  or  deposit  said  fund  or  any  part  thereof  unless  so 
authorized  by  the  Board. 

8.  The  Board  of  Trustees  shall  make  a  report  of  the 
condition  of  said  Pension  and  Relief  Fund,  to  the  Com- 
mon Council,  in  the  month  of  Januaiy  in  each  and  every 
year. 

§  269.  1.  The  said  Board  of  Trustees  may  take  by 
gift,  grant,  devise  or  bequest,  free  from  taxation,  any  real 
or  personal  property',  the  annual  income  of  which  shall 
not  exceed  in  the  aggregate  the  sum  of  thirty  thousand 
dollars.  In  any  year  when  the  condition  of  the  Rehef 
and  Pension  Fund  shall  render  it  in  the  judgment  of  the 
said  Board  of  Trustees  necessaiy,  said  Board  of  Trustees 
may  receive  from  the  authorities  of  the  city  of  Buffalo  a 
sum  not  exceeding  five  thousand  dollars,  to  be  included 
in  the  annual  estimates  of  the  said  Board  of  Fire  Com- 
missioners, and  drawn  and  collected  by  them  in  hke 
manner  as  other  moneys  apphcable  to  their  expenses, 
and  the  amount  so  obtained  shall  at  once  be  paid  over 
to  the  said  Board  of  Trustees,  to  be  used  as  a  portion  of 
said  Rehef  and  Pension  Fund. 

2.  No  person  shall  store,  keep  for  sale,  sell  or  offer  for 
sale  ^n  the  city  of  Buffalo,  any  fireworks,  kerosene,  coal 
oil,  naphtha,  gasoline,  gunpowder,  or  other  explosives 
without  first  having  obtained  a  license  therefor  from 
the  Board  of  Fire  Commissioners,  and  said  Board  of 
Fire  Commissioners  are  hereby  authorized  and  em- 
powered to  issue  such  Ucense,  and  to  recommend  ordi- 
nances to  the  Common  Council,  fixing  the  fee  for  such 
license,  and  for  regulating  the  keeping  and  sale  of  fire- 
w^orks,  kerosene,  coal  oil,  naphtha,  gasoline,  gunpowder, 


152  KEVIHKD    CITY    CHARTKH.  [Title  IX. 

and  other  explosives  in  said  city,  and  providing  penalties 
to  be  paid  for  a  violation  of  such  ordinances,  and  for 
dealing  in  and  keeping  for  sale,  or  storing  such  articles, 
■without  having  first  obtained  a  license  therefor  from 
said  Board  of  Fire  Commissioners. 

3.  The  treasurer  of  said  Board  of  Trustees  is  hereby- 
authorized  and  empowered  to  receive,  collect,  sue  for, 
and  shall  have  the  exclusive  rgiht  of  recovery  of  any  and 
all  fines  and  penalties  which  are  to  be  paid  into  said 
Pension  and  Relief  Fund  under  this  chapter.  lie  may 
in  his  name  as  treasurer  sue  for,  recover,  and  collect  the 
same,  with  costs,  in  the  manner  provided  for  in  actions 
under  the  Code  of  Civil  Procedure,  and  all  moneys  so 
collected  by  him  shall  become  a  part  of  this  Relief  and 
Pension  Fund.  The  said  treasurer  may  in  his  name  as 
treasurer  bring  any  suit  or  action  hereby  authorized,  and 
any  action  to  recover  any  fee,  fine  or  penalt}^  under  this 
chapter,  or  under  said  ordinances,  may  be  brought  in  the 
Municipal  Court  of  the  city  of  Buffalo. 

§  270.  1.  The  Cor))orati()n  Counsel  of  the  city  of 
Buffalo,  without  additional  compensation,  shall,  under 
the  direction  of  the  said  treasurer,  take  charge  of  the 
prosecution  of  all  suits  or  proceedings  instituted  for  the 
recoveiy  and  collection  of  fines,  penalties,  and  the  en- 
forcement of  the  several  provisions  of  this  chapter,  collect 
and  receive  all  moneys  upon  judgments  recovered,  or  in 
suits  or  proceedings  so  instituted,  pay  all  costs  and  dis- 
bursements out  of  moneys  collected  by  him  under  the 
provisions  of  this  chapter,or  received  from  the  said  treas- 
urer for  that  purpose,  and  discontinue  suits  and  proceed- 
ings, and  execute  satisfaction  of  judgments  upon  pay- 
ment of  fines,  penalties  or  costs  in  compliance  with  orders 
made  in  such  suits  or  proceedings.  He  shall  keep  a  cor- 
rect and  accurate  register  of  all  suits  and  proceedings,  and 
account  for  all  money  received  and  paid  out  thereon, 
and  shall  pa}'  over  to  said  treasurer  the  amount  of  all 
license  fees,  fines,  penalties,  and  moneys  received  and  col- 


Title  /X.]  REVISED    CITY   CHARTER.  153 

lected  by  him  after  deducting  the  amount  of  his  disburse- 
ments actually  incurred,  and  the  said  treasurer's  receipt 
therefor  shall  be  an  acquittance  of  the  moneys  so  col- 
lected and  paid  over  by  said  Corporation  Counsel.  And 
said  treasurer  is  hereby  authorized  to  settle  or  com- 
promise any  suit  or  judgment  for  less  than  the  amount 
of  the  same,  with  the  consent  of  said  Board  of  Tmstees. 

2.  Any  officer  or  board  of  officers  of  the  city  of  Buffalo 
who  shall  realize,  receive  or  derive  any  money,  which, 
under  the  provisions  of  this  chapter  is  made  a  part  of 
this  Relief  and  Pension  Fund,  is  hereby  directed  to  pay 
over  the  same  on  the  first  day  of  the  month  succeed* 
the  receipt  and  collection  thereof  to  the  treasurer  of  the 
said  Board  of  Trustees,  to  be  used  and  appHed  as  a  part 
of  said  fund.  These  provisions  shall  apply  to  pay, 
compensation  or  salary,  or  any  part  thereof,  collected, 
forfeited,  deducted  or  withheld  from  any  officer  or  mem- 
ber of  said  Fire  Department,  for  or  on  account  of  absence 
for  any  cause,  lost  or  sick  time,  sickness  or  other  dis- 
ability, physical  or  mental,  or  for  any  fine,  penalty  or 
forfeiture  imposed  upon  such  officer  or  member  by  way 
of  discipline. 

*So  in  the  original. 

3.  All  pensions  granted  under  the  provisions  of  this 
chapter  shall  be  exempt  from  execution,  attachment  or 
any  process  whatever.  The  said  fund  shall  be  sacredly 
kept  and  held  secure,  and  distributed  and  applied  for  the 
purpose  of  pensioning  the  persons  named  in  this  chapter, 
and  for  no  other  purpose  whatsoever. 

4.  Every  person,  who  knowingly  or  willfully,  in  any 
wise,  procures  the  making  or  presentation  of  any  false 
or  fraudulent  affidavit  or  affirmation  concerning  any 
claim  for  rehef  or  pension,  or  the  payment  thereof,  shall 
in  every  case  forfeit  a  sum  not  exceeding  two  hundred 
and  fifty  dollars,  to  be  sued  for,  and  recovered  by  and  in 
the  name  of  said  Board  of  Trustees,  and  when  recovered 
it  shall  be  paid  over  to,  and  thereupon  become  a  part  of 


154  rp:visi;d  city  (  hauter.  [Title  X. 

said  Relief  and  Pension  Fund.  Any  person  who  shall 
willfully  swear  falsely  in  any  oath  or  affirmation  in  ob- 
taining or  ])r()curing  any  pension  or  relief,  or  the  pay- 
ment thereof,  undi'r  the  provisions  of  this  chapter,  shall 
be  guilty  of  perjury. 

5.  The  said  Board  of  Fire  Commissioners  is  hereby 
authorized  and  directed,  when  this  act  takes  effect,  to 
pay  and  deliver  the  moneys  and  securities  belonging  to 
the  said  Firemen's  Relief  Fund  to  the  treasurer  of  the  said 
Board  of  Trustees,  the  same  to  become  and  constitute 
a  portion  of  the  Relief  and  Pension  Fund  created  by  this 
chapter. 


TITLE  X. 
Chapter  I. 

DEPARTMENT    OF    PUBLIC    WORKS. 

Note  on  Amendments  to  this  Chapter. 

The  Charter,  as  adopted  in  1S91,  provided  for  a  Board  of  Public 
Works,  to  consist  of  three  CoTnmission(!rs.  One  was  el(>cted  in 
1891  to  serve  three  years  from  .January  1,  1892,  on  which  date  tlie 
Mayor  was  to  appoint  two  Connnissioners  for  terms  of  one  and  two 
years  respect  iv(>ly.  Thereafter  ail  terms  were  to  b(>  three  years. 
The  two  appointed  Connnissioners  were  required  to  be  of  difterent 
political  parties,  liy  L.  1895,  c.  805,  the  terms  of  oflice  were  changed 
from  three  years  to  four. 

L.  1901,  c.  228,  abolished  the  Board  and  substituted  a  single 
elected  Commissioner,  also  giving  definite  titles  and  salaries  to  the 
heads  of  the  four  bureaus  in  this  department  and  requiring  certain 
qualifications  in  persons  appointed  to  these  positions.  This  change 
seemed  totlie  revis(!rs  to  recpiirethe  substitution  of  ''Commissioner" 
and  "he"  in  place  of  "Board"  and  "it,"  wherever  the  latter  words 
occiu-n  (1  in  the  charter.  Conseqiiently  many  .sections  were  amended 
by  L.  1901,  c.  228,  but  the  changes  were  only  verbal,  e.xcept  as  noted 
above,  and  under  Section  273.  The  powers  of  the  department 
and  its  relations  to  the  rest  of  the  city  government,  have  not  been 
changed  sinc(i  1891,  except  in  one  or  two  minor  points,  which  are 
noted   under   the   particular   sections. 

Any  unexplained  amendment  of  any  section  in  this  chapter 
may,  therefore,  be  safely  disregarded  as  making  only  verbal  changes, 
leaving  the  substance  of  the  section  in  force,  exactly  as  printed, 
since  1891. 


Title  X.]  REVISED    CITY    CHARTER.  155 

§  271.  There  shall  be  a  Department  of  Public  Works 
of  which  the  Commissioner  of  Public  Works  shall  be  the 
head.  The  Commissioner  shall  be  elected.  In  case  of 
vacancy  in  the  office  of  Commissioner  it  shall  be  filled 
by  appointment  by  the  Mayor  until  and  including  the 
thirty-first  day  of  December  after  the  next  general  or 
municipal  election,  at  which  election  a  Commissioner 
shall  be  elected  to  fill  the  unexpired  term.  On  the  first 
day  of  January  after  the  passage  of  this  act  the  terms  of 
office  of  the  two  Commissioners  of  Public  Works  required 
by  this  act  to  be  appointed  by  the  Mayor  for  full  terms, 
shall  cease,  and  all  the  powers  and  duties  of  the  Com- 
missioners, and  of  the  Board  of  Public  Works  shall  be 
vested  in  and  imposed  upon  the  Commissioner  of  Pubhc 
Works  who  shall  be  elected  at  the  municipal  election 
held  on  the  fo'st  Tuesday  of  November,  nineteen  hundred 
and  one,  as  a  legal  successor  in  office  of  the  Commissioner 
of  Public  Works  heretofore  required  by  law  to  be  elected. 
The  Commissioner  of  Pubhc  Works  elected  at  the  munic- 
ipal election  to  be  held  on  the  first  Tuesday  of  November, 
nineteen  hundred  and  one,  shall  be  elected  for  a  term  of 
office  for  two  years,  to  commence  January  first,  nineteen 
hundred  and  two,  and  end  Januar^^  first,  nineteen  hun- 
dred and  four.  At  the  municipal  election  to  be  held  in 
November,  nineteen  hundred  and  three,  the  Commis- 
sioner of  Public  Works  shall  be  elected  for  the  term  of 
office  of  four  years,  to  commence  on  the  first  day  of 
January,  nineteen  hundred  and  four,  and  end  on  the 
first  day  of  January',  nineteen  hundred  and  eight .  There- 
after the  term  of  office  of  the  Commissioner  of  Public 
Works  shall  be  four  years,  except  as  hereinbefore  pro- 
vided in  case  of  a  vacancy  in  said  office.  The  Commis- 
sioner of  Public  Works  shall  devote  his  whole  time  and 
attention  to  the  duties  of  his  office.  He  shall  receive  an 
annual  salary  of  five  thousand  dollars.  The  Deputy 
Commissioners  shall  devote  their  whole  time  and  atten- 
tion to  the  duties  of  their  respective  offices.  They  shall 
each  receive  an  annual  salary  of  three  thousand  dollars, 


l.')6  REVISED    CITY    CHARTER.  [7';7/c  X. 

until  the  .same  is  fixed  as  hereinafter  provided.  The 
salaries  of  the  Coiiiinissioner  and  of  the  Deputy  Com- 
missioners shall  not  be  changed  during  their  respective 
terms  of  office.  The  Commissioner  of  PubUc  Works 
shall  have  charge  and  control: 

Thus  amended  by  L.  1895,  c.  805,  Sec.  18,  and  L. 
1901,  c.  228,  Sec.  4." 

1.  Of  all  structures  and  property  connected  with  the 
pul)lic  water  works,  the  supply  and  tlistribution  of  water, 
the  coUectioii  of  the  water  revenue,  and  of  giving  permits 
for  house  connections  with  the  same,  except  the  Jubilee 
water  works.  He  shall  have  power  to  construct,  main- 
tain, extend,  repair,  and  regulate  waterworks,  to  supply 
the  city  and  its  inhabitants  with  water,  and  may  cause 
water  })ipes  to  be  laid  in  such  streets  in  said  city  (paved 
or  unpaved),  as  shall  be  ordered  by  the  Common  Council. 
He  shall  also  have  power  to  purchase  and  repair  all 
necessary  boilers,  engines,  machinery,  tools,  and  supplies 
for  maintaining  the  water  works  and  distributhig  water. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  4. 

2.  Of  the  designing,  constructing,  altering,  and  main- 
taining of  the  public  sewers  and  drains,  and  of  giving 
permits  for  house  connections  with  same. 

The  Commissioner  of  Public  Works  shall  have  power 
to  divide  the  city  into  sewer  districts,  and  to  make  plans 
for  the  development  and  construction  of  systems  of 
sewers  in  said  sewer  districts,  including  main  sewers, 
branch  sewers,  and  lateral  sewers,  and  to  make,  certify, 
and  file  in  his  ofhce,  maps,  plans,  and  descriptions  (com- 
plete or  partially  complete)  of  said  sewer  districts,  and 
of  systems  of  drainage  developed,  and  proposed  to  be 
developed  therein,  which  maps,  plans,  and  descriptions 
when  so  certified  and  filed,  shall  be  public  records  of  the 
city;  and  the  proposed  systems  therein  embodied  shall 
not  be  changed  thereafter  to  the  detriment  of  any  parcel 
of  land  which  has  been  assessed,  and  has  paid  for  the 
construction  of  any  part  of  the  said  sj'stem  of  sewers  or 


Title  X.]  REVISED   CITY.  CHARTER.  157 

drainage,  which  is  proposed  to  be  changed,  without  com- 
pensation or  provision  for  compensation,  for  such  change. 
The  amount  of  such  compensation  shall  be  ascertained 
by  the  Supreme  Court  in  a  proceeding  taken  for  that 
purpose  in  said  court  by  the  city,  or  by  any  interested 
person;  but  such  a  proceeding  must  be  begun  withm 
three  months  after  the  notice  of  the  filing  of  such  new 
plans  is  published  in  three  successive  issues  of  the  official 
paper,  or  the  right  to  such  compensation  shall  be  barred. 
Thus  amended  by  L.  1892,  c.  424;  L.  1901,  c.  228, 
Sec.  4. 

The  act  of  1892  added  all  after  the  first  sentence.  This  addi- 
tion provides  for  sewer  districts. 

3.  Of  locating,  laying  out,  openmg,  constructing, 
altering,  regulating,  grading,  regrading,  paving,  repav- 
ing,  curbing,  guttering,  repairing,  cleaning,  sweeping, 
and  sprinkling  all  streets,  avenues,  places,  alleys,  and 
roads  (except  such  as  are  placed  in  charge  of  the  Park 
Commissioners) ;  of  removing  ashes  and  garbage,  keeping 
streets,  avenues,  alleys,  and  places  free  and  clear  of  all 
encroachments,  obstructions,  and  incumbrances,  grant- 
ing builders'  permits  to  occupy  streets,  laying  of  side 
and  crosswalks,  numbering  houses,  putting  u}3  street 
names,  and  superintending  the  erection  of  awnings. 

4.  Of  the  hghting  of  streets,  avenues,  places,  alleys, 
and  roads;  the  cleaning  and  repairing  of  public  lamps, 
inspecting  of  gas  and  lamps,  electric  hghts,  electric  wires, 
conduits  and  building  connections  with  electric  plants, 
the  locating  and  removing  of  all  gas  mains,  telegraph, 
telephone,  and  electric  hght  poles;  and  he  may  cause  all 
telegraph,  telephone,  and  electric  light  wires  to  be  placed 
under  ground,  pursuant  to  directions  of  the  Common 
Council. 

Thus  amended  by  L.   1901,  c.  228,  Sec.  4. 

5.  Of  constructing,  repairing,  and  maintaining  all 
bridges,  canals,  wharves,  docks,  piers,  basins,  slips,  aque- 
ducts, tunnels,  and  culverts  belonging  to  the  city;  and 


158  REVISED    CITY    CHARTKK.  [Title  X. 

to  regulate  the  maintenance  and  repairing  of  sheating, 
sheet  j)ihng,  wharves,  and  piers  situated  on  pubhc  waters, 
and  belonging  to  persons  and  corporations  other  than  the 
city,  in  so  far  as  it  is  necessaiy  to  maintain  or  repair  the 
same  to  prevent  the  obstruction  of  such  public  waters, 
and  to  preserve  the  banks  thereof;  and  the  Common 
Council  shall  have  power  to  cause  any  sheating,  sheet 
piling,  wharf  and  pier  situated  on  public  waters  to  be 
built,  altered,  repaired  or  rebuilt,  and  to  regulate  and 
direct  the  building,  altering,  repairing  or  rebuilding  of 
the  same,  in  so  far  as  it  is  necessaiy  to  build,  repair, 
alter  or  rebuild  the  same  to  prevent  the  obstiTiction  of 
such  pubhc  waters,  and  to  preserve  the  banks  thereof; 
and  to  cause  the  expense  thereof  to  be  assessed  upon  the 
real  estate  benefited  thereby,  hi  the  same  manner  as  is 
by  this  act  provided  for  the  making  and  collecting  of 
other  local  assessments,  the  work  provided  for  herein  to 
be  done  under  the  supervision  and  control  of  the  Com- 
missioner of  Public  Works. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  4,  and  L. 
1907,  c.  650,  Sec.  1. 

The  amendment  of  1907  added  all  after  the  third  line. 

6.  Of  the  constructing,  altering,  and  repairing  of 
public  buildings,  including  school,  fire,  police,  and  water 
buildings. 

7.  Of  the  filling  of  sunken  lots,  the  fencing  of  vacant 
lots,  licensing  of  vaults  underneath  streets,  and  of  stair- 
ways, areas,  and  projections  in  the  street. 

8.  Of  repairing  and  closing  wells,  pumps,  and  hy- 
drants, and  abating  all  nuisances  on  the  requisition  of 
the  Board  of  Health. 

9.  Of  making  and  preserving  all  surveys,  maps, 
plans,  estimates,  and  drawings  relating  to  the  laying  out 
and  improvement  of  streets,  avenues,  roads,  alleys, 
sewers,  water  and  gas  mains,  bridges,  telegraph,  tele- 
phone, and  electric  light  mains,  the  constructing,  alter- 


Title  X.]  REVISED    CITY   CHARTER.  159 

ing,  and  repairing  of  public  structures,  buildings,  and 
offices,  and  all  other  public  works  under  the  care  of  the 
said  department. 

§  272.  When  any  work  or  improvement,  general  or 
local,  prescribed  in  this  title,  is  necessaiy  or  advisable, 
the  Commissioner  may  recommend  the  same  to  the 
Common  Council,  with  or  without  plans,  specifications, 
and  descriptions.  The  Common  Council  may  thereupon 
order  the  work  done  or  may  order  that  plans,  specifi- 
cations, and  descriptions  shall  be  furnished  with  or  with- 
out estimates  of  cost,  or  bids  from  responsible  parties 
who  will  contract  with  the  city  to  do  the  prescribed  work. 
The  Common  Council  may  order  any  work  or  improve- 
ment, either  with  or  without  the  recommendation  of  the 
Commissioner  of  Public  Works,  but  when  such  work  or 
improvement  is  ordered  in  accordance  with  the  plans, 
specifications,  or  descriptions,  a  contract  therefor  shall 
be  made  by  the  Commissioner,  except  where  he  is  author- 
ized to  do  the  work  himself.  All  work  and  improve- 
ments ordered  shall  be  under  the  direction  and  super- 
vision of  the  Commissioner,  and  when  he  shall  make 
report  to  the  Common  Council  of  his  action,  the  Council 
shall  provide  for  the  payment  thereof,  either  from  the 
general  fund,  or  by  local  assessment,  or  both,  as  in  this 
act  prescribed.  And  no  such  work  shall  be  executed 
until  payment  therefor  has  been  provided  as  required 
by  this  act.  He  shall  make  a  special  report  of  any  work 
done  or  contracted  for  when  required  by  the  Common 
Council  or  Mayor,  and  a  general  monthly  report  to  the 
Common  Council  of  his  transactions  for  the  previous 
month.  The  Common  Council  upon  the  recommenda- 
tion of  the  Commissioner  of  Public  Works,  and  upon  such 
terms  and  for  such  time,  not  exceeding  five  years,  and 
upon  such  conditions  as  said  Commissioner  may  pre- 
scribe, may  authorize  said  Commissioner  to  enter  into 
contract  with  any  person  or  corporation  for  cleaning 
any  or  all  the  streets,  alleys,  pubhc  parks,  wharves,  and 


160  HKVISKU    CITY    CHAUTKH.  [Title  X. 

grounds  of  the  city,  and  for  removing  the  dirt,  ashes, 
rubbish  and  garbage  therefrom,  or  for  cremating  or  other- 
wise disi)0«;ing  within  or  without  the  hniits  of  the  city 
of  such  street  cleanings  or  such  ashes,  rubbish  or  garbage 
but  the  annual  cost  or  expense  thereof  shall  be  placed 
in  the  annual  estimates  of  said  department,  and  ))aid  in 
equal  annual  {proportions. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  5. 

§  273.  There  shall  be  four  bureaus  in  the  Depart- 
ment of  Pubhc  Works,  each  in  charge  of  a  l)e{)uty  Com- 
missioner, who,  together  with  all  officers,  subordinates,- 
and  employees  of  the  Department  of  Public  Works,  shall 
be  appointed  and  removed  by  the  Connnissioner  of  Public 
Works,  and  their  salaries  and  pay  shall  be  fixed  by  the 
Commissioner  of  Public  Works  with  the  concurrence  of 
the  Common  Council.  In  all  cases  in  which  by  the 
general  laws  of  the  state  compensation  is  required  to  be 
))aid  weekly,  pay  accounts  for  emploj^ees  shall  be  certified 
to  the  Common  Council  accordingly,  and  pay  accounts 
for  the  Commissioner,  his  deputies,  officers,  and  employees 
not  required  to  be  so  jiaid,  shall  be  certified  semi-month- 
ly; and  on  receipt  of  the  same  the  Common  Council  shall 
order  the  proper  warrants  for  the  payment  of  said  ac- 
counts to  be  drawn  on  the  Treasurer.  All  matters  and 
things  under  the  charge  and  control  of  any  officer  or 
department  on  the  day  preceding  the  first  Monday  of 
January,  eight (H'u  hundred  and  ninety-two,  the  charge 
and  control  of  which  are  not  by  this  act  vested  in  some 
other  officer  or  department,  shall  be  under  the  charge 
and  control  of  the  Commissioner  of  Public  Works  on  and 
after  the  said  first  Monday  of  January. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  5. 

This  law  gave  the  chiefs  of  bureaus  the  title  of  Deputy  Com- 
missioner. It  also  provided  for  payment  of  employees  semi- 
monthly instead  of  monthly. 

1.  A  bureau  having  under  the  Commissioner  the 
charge  and  care  of  the  construction  of  sewers,  the  granting 
of  permits  for  sew(>r  connections  and  their  inspection, 


Title  X.]  REVISED    CITY   CHARTER.  161 

the  locating,  laying  out,  opening,  grading,  regrading, 
curbing,  guttering,  paving,  repaving,  and  repairing  of  all 
streets,  avenues,  alleys,  and  places;  constructing  and  re- 
pairing roads,  flagging,  aiid  repairing  sidewalks,  laying 
crosswalks,  filling  sunken  lots,  digging  down  lots,  con- 
structing and  repairing  all  wells  and  pumps,  setting  up 
lamp-posts,  building  docks  and  bulkheads,  and  repairing 
the  same,  building  and  repairing  bridges,  making  and 
preserving  all  maps,  surveys,  plans  and  estimates,  and 
drawings  relating  to  the  laying  out,  regulating,  grading, 
and  paving  of  all  streets,  alleys,  and  avenues,  and  any 
other  public  improvements  to  be  done  by  or  under  the 
supervision  of  the  department.  The  chief  officer  in 
charge  of  this  bureau  shall  be  a  Deputy  Commissioner, 
and  shall  be  called  Deputy  Engineer  Commissioner.  He 
shall  be  a  reputable  and  practical  civil  engineer  of  not 
less  than  thirty  years  of  age,  and  with  an  actual  expe- 
rience as  an  engineer  of  not  less  than  five  years.  Within 
ten  days  after  the  quahfying  of  the  Commissioner  of 
Public  Works  he  shall  appoint  a  Deputy  Engineer  Com- 
missioner to  serve  at  his  pleasure.  The  Deputy  Engineer 
Commissioner  shall  in  the  absence  or  inability  of  the 
Commissioner  of  Public  Works  act  as  such  Commissioner 
of  Public  Works.  Upon  the  appointment  and  qualifi- 
cation of  such  Deputy  Engineer  Commissioner  the  term 
of  office  of  the  present  Chief  Engineer  shall  cease. 
Thus  amended  by  L.  1901,  c.  228,  Sec.  5. 

This  law  added  the  sentence  providing  for  a  Deputy  Commis- 
sioner and  all  that  follows. 

2,  A  bureau  having  under  the  Commissioner  the 
charge  and  care  of  all  the  ponds,  conduits,  reservoirs, 
tunnels,  piers,  engines,  pumps,  and  lands  connected  with 
the  waterworks,  and  of  laying  all  water  pipes,  and  the 
construction  of  all  new  work  relating  thereto,  the  ex- 
tension, and  distribution  of  the  water,  the  control  of 
making  all  house  connections  with  water  mains,  the 
setting  of  all  water  meters,  taking  and  preserving  their 
record,  the  setting  and  repairing  of  fire  and  drinking 


162  KKVISKI)    CITY    CHARTKR.  .    [Title  X. 

hydrants  and  keeping  the  same  free  from  ice,  and  the 
collection  of  the  revenue  arising  from  the  sale  and  use  of 
water.  The  chief  officer  in  charge  of  this  bureau  shall 
be  a  Deputy  Commissioner,  and  shall  be  called  Deputy 
Water  Commissioner.  He  shall  be  a  reputable  and 
practical  mechanical  or  civil  engineer  of  not  less  than 
thirty  years  of  age  or  a  person  who  has  had  the  practical 
experience  in  the  trades  or  professions  of  not  less  than 
five  years,  but  these  qualifications  shall  not  render  in- 
eligible for  appointment  the  person  holding  the  office  of 
water  superintendent  on  the  thirty-first  day  of  December, 
nineteen  hundred  and  one.  The  Deputy  Water  Com- 
missioner shall  in  the  absence  or  inability  of  the  Com- 
missioner of  Public  Works  and  the  Dei)uty  Engineer 
Commissioner  act  as  such  Commissioner  of  Public  Works. 
Within  ten  days  after  the  quahfication  of  the  Commis- 
sioner of  Public  Works  he  shall  appoint  a  Deputy 
Water  Commissioner  to  serve  at  his  pleasure.  Upon 
the  appointment  and  qualifying  of  such  Deputy  Water 
Commissioner  the  term  of  office  of  the  present  Water 
Superintendent  shall  cease. 
Thus  amended  by  L.  1901,  c.  228,  Sec.  5. 

This  law  added  the  sentence  providhig  for  a  Deputy  Com- 
missioner and   all  that   follows. 

3.  A  bureau  of  building,  having  un(l(M-  the  Com- 
missioner the  charge  and  care  of  the  construction, 
alteration,  and  repair  of  all  buildings  in  the  city.  The 
chief  officer  in  charge  of  this  bureau  shall  be  a  deputy 
commissioner,  and  shall  be  called  Deputy  Building 
Commissioner.  He  shall  be  a  reputable  and  practical 
builder  or  architect  or  a  person  of  j)ractical  experience 
in  the  building  trades,  not  less  than  thirty  years  of  age, 
and  with  an  active  experience  in  the  trades  of  not  less 
than  five  years.  The  Deputy  Building  Commissioner  shall, 
in  the  absence  or  inability  of  theConmiissioner  of  Public 
Works  and  the  deputies  of  the  engineering  and  water  bu- 
reaus, act  as  Commissioner  of  Public  Works.  Within  ten 
days  after  the  qualifying  of  the  Commissioner  of  Public 


Title  X.]  REVISED    CITY    CHARTER.  163 

Works,  as  named  in  this  act,  he  shall  appoint  a  Deputy- 
Building  Commissioner  to  serve  at  his  pleasure.  Upon 
the  appointment  and  quahfying  of  such  Deputy  Building 
Commissioner  the  term  of  office  of  the  present  superin- 
tendent of  buildings  shall  cease.  The  Deputy  Building 
Commissioner  shall  also  superintend  the  construction, 
alteration  and  repairs  of  all  public  buildings,  and  see  that 
all  building  laws  enacted  by  the  State  Legislature  or 
passed  as  ordinances  by  the  Common  Council  are  en- 
forced. The  Commissioner  shall  appoint  not  less  than 
three  inspectors  of  buildings,  who  shall  be  under  the 
control  of  the  Deputy  Building  Commissioner.  These 
inspectors  shall  be  practical  building  mechanics  of  not 
less  than  five  years'  experience  in  their  trade. 

The  sentences  conferring  the  title  of  Deputy  Building  Com- 
missioner and  prescribing  eligibility  qualifications  for  appointment 
were  added   by  the  amendment. 

4.  A  bureau  having  under  the  Commissioner  the 
charge  and  care  of  cleaning,  sweeping,  and  sprinkling 
streets,  removing  ashes  and  garbage,  keeping  the  streets, 
avenues,  alleys,  and  places  free  and  clear  of  all  encroach- 
ments, obstructions,  and  encumbrances,  supervising, 
inspecting,  and  cleaning  sewers,  regulating  the  occupancy 
of  streets  by  licensed  hacks,  carts,  and  trucks,  granting 
builders'  permits  to  occupy  streets,  numbering  of  streets, 
putting  up  street  signs,  cleaning  and  repairing  public 
lamps,  inspection  of  gas  and  lamps,  electric  lights,  elec- 
tric wires,  conduits,  and  building  connections  with  elec- 
tric plants,  the  erection  of  awnings.  The  chief  officer 
in  charge  of  this  bureau  shall  be  a  Deputy  Commissioner, 
and  shall  be  called  Deputy  Street  Commissioner.  In  the 
absence  or  inability  of  the  Commissioner  of  Public  Works, 
and  the  Deputies  of  Engineering,  Water,  and  Buildings, 
he  shall  act  as  Commissioner  of  Public  Works.  Within 
ten  days  after  the  qualifying  of  the  Commissioner  of 
Public  Works  as  named  in  this  act  he  shall  appoint  a 
Deputy  Street  Commissioner  to  serve  at  his  pleasure. 
Upon  the  appointment  and  qualifying  of  such  Deputy 


164  REVISIOD    CITY    CHARTER.  [Title  X. 

Street  Commissioner  the  term  of  office  of  the  present 
superintendent  of  streets  shall  cease. 

Tliis  law  added  the  sentence  providing  for  a  Deputy  Com- 
missioner and  all  that  follows. 

§  274.  No  person  shall  construct  any  of  the  works 
mentioned  in  subdivision  one  of  section  two  hundred  and 
seventy-one  of  this  act  without  the  written  authority  of 
the  Commissioner  of  Public  Works. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  5. 

§  275.  All  repairs  of  accepted  streets,  and  the  con- 
struction and  repair  of  all  crossAvalks  and  approaches  to 
crosswalks,  shall  be  paid  for  from  the  general  fund. 
For  the  purpose  of  this  title  the  construction  and  repair 
of  all  crosswalks,  and  approaches  to  crosswalks  shall  be 
deemed  repairs  of  accepted  streets. 

Thus  amended  by  L.  1894,  c.  289,  Sec.  2. 

Before  the  amendment  this  section  read,  '"  AH  repairs  of  accepted 
streets  shall  be  paid  for  from  the  general  fmid." 

§  276.  The  Commissioner  of  Public  Works  shall  esti- 
mate annually  the  amount  necessary  to  be  expended 
during  the  ensuing  year  for  repairs  to  accepted  streets, 
and  shall  return  the  said  estimate  to  the  Comptroller, 
with  his  other  estimates  of  the  department. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  5. 

§  277.  The  Commissioner  of  Public  Works  shall  cause 
the  accepted  streets  to  be  repaired,  without  the  previous 
order  of  the  Common  Council,  and  shall  employ  the 
necessary  men,  and  purchase  the  necessary  materials. 
When  any  such  work  has  been  done  or  any  material  has 
been  purchased,  the  Commissioner  shall  certify  the  ex- 
pense of  the  same  to  the  Common  Council.  The  Common 
Council  shall  thereupon  order  the  proper  warrant  for  the 
payment  thereof  to  be  drawn  on  the  Treasurer. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  5. 


Title  X.]  REVISED    CITY    CHARTER.  165 

§  278.  For  the  purpose  of  this  title,  repairs  of  streets 
shall  be  deemed  to  include  the  cleaning  and  repairing  of 
all  public  sewers  and  receivers. 

§  279.  All  streets  or  parts  of  streets  paved  at  the 
time  this  act  takes  effect,  or  which  shall  subsequently  be 
paved,  shall  be  deemed  accepted  streets  within  the  mean- 
ing of  this  title,  and  shall  be  repaired  when  necessary, 
if  the  Commissioner  of  Public  Works  certifies  that  less 
than  one-third  of  the  carriageway  is  in  condition  requir- 
ing repairs,  but  whenever  the  Commissioner  of  Public 
Works  shall  certify  that  it  is  not  expedient  to  make  fur- 
ther repairs  upon  the  pavement  in  an  accepted  street,  or 
in  the  portion  thereof  between  two  streets  that  intersect 
or  meet  the  same,  the  Common  Council  may  order  said 
street,  or  the  portion  thereof  mentioned  in  such  certifi- 
cate, repaved,  and  two-thirds  of  the  expense  thereof  shall 
be  paid  by  local  assessment,  and  the  remaining  one-third 
thereof  shall  be  a  charge  on,  and  paid  out  of  the  general 
fund  of  the  city,  as  in  this  act  provided.  All  acts  and 
proceedings  heretofore  had  or  taken  by  the  city  of  Buf- 
falo, its  departments  and  officers,  to  repave  or  repair  an 
accepted  street,  or  any  part  thereof,  and  to  defray  the 
expense  of  such  repaving  or  repair  by  local  assessment, 
are  hereby  legalized,  ratified,  and  confirmed,  but  nothing 
in  this  section  contained  shall  affect  any  action  or  pro- 
ceeding at  law  now  pending. 

Thus  amended  by  L.  1900,  c.  749;  L.  1901,  c.  228, 
Sec.  6,  and  L.  1903,  c.  392.    ^ 

The  amendment  of  1900  provided  for  repaving  any  one  or  more 
blocks  when  beyond  repair;  there  was  doubt  previously  whether 
any  repaving  could  be  done  on  less  than  the  entire  length  of  a  street. 
The  amendment  of  1903  provided  that  one  third  of  the  cost  of 
repaving  should  be  paid  from  the  general  fund;  previously  the  whole 
cost  was  paid  by  local  assessment. 

§  280.  The  Commissioner  of  Public  Works  shall  esti- 
mate annually  the  amount  necessaiy  to  be  expended 
during  the  ensuing  year  for  the  cleaning  and  repairing  of 
all  public  sewers  and  receivers,  and  shall  return  such 


166  REVISED    flTY    CHARTER.  [Tille  X. 

estimate  to  the  Comptroller  with  the  other  estimates  of 
the  costs  o^the  department. 
Thus  amended  by  L.  1901,  c.  228,  Sec.  7. 

§  281.  The  Commissioner  of  Public  Works  may  cause 
surveys  to  be  made  of  all  the  streets  and  pubhc  squares 
of  the  city,  and  shall  from  time  to  time,  as  such  surveys 
progress,  file  descriptions  and  surveys  of  such  streets  and 
squares  in  the  office  of  the  City  Clerk.  Such  surveys  and 
descriptions,  and  certified  copies  thereof,  shall  be  evi- 
dence of  the  existence  of  the  streets  and  squares  so  sur- 
veyed and  described,  and  their  boundaries  and  location. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  7. 

§  282.  No  Commissioner  of  Public  Works  or  Deputy 
Commissioner,  and  no  subordinate  or  employe  of  the 
department  shall  be  pecuniarily  interested  in  any  con- 
tract made  for  the  department,  or  in  the  purchase, 
sale,  or  repair  of  any  article  used  by  it. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  7. 

§  283.  No  expenditure  or  contract  exceeding  or 
involving  the  sum  of  five  hundred  dollars  shall  be  made 
by  the  Commissioner  of  Public  Works  without  the  con- 
sent of  the  Common  Council.  Before  the  Commissioner 
of  Public  Works  shall  enter  into  a  contract  for  the  per- 
formance of  any  work,  the  expense  of  which  shall  exceed 
the  sum  of  five  hundred  dollars,  he  shall  cause  a  notice 
to  be  pubhshed  in  the  official  paper,  and  two  other  daily 
papers  in  the  city,  twice  a  week  for  two  weeks,  inviting 
proposals  for  the  same,  according  to  the  plans  and  speci- 
fications to  be  filed  in  his  office,  and  the  contract  shall 
be  let  to  the  lowest  responsible  bidder,  who  shall  furnish 
security  for  its  performance  satisfactory  to  the  Com- 
missioner of  Public  Works. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  7. 

§  284.  The  Commissioner  of  Pubhc  Works  shall 
make  and  enforce  rules  and  regulations  for  the  govern- 


Title  X.]  REVISED    CITY    CHARTER.  167 

ment  of  the  officers  and  employes  of  the  department 
in  the  dischai-ge  of  their  duties. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  7. 

§  285.  The  Commissioner  of  Pubhc  Works  shall 
subject  to  the  approval  of  the  Common  Council,  fix  the 
rates  to  be  charged  for  the  use  of  water,  and  shall  have 
charge  of  the  collection  thereof.  He  shall  have  power 
to  adjust  the  rates  as  estabhshed,  and  to  increase  or 
dimmish  the  rates  in  cases  where  consumers  increase  or 
lessen  their  consumption  of  water,and  to  refund  a  pro- 
portionate amount  of  rates  paid  in  cases  where  con- 
sumers cease  to  use  water.  Water  rates  shall  be  payable 
semi-annually  in  advance,  on  days  to  be  fixed  by  the 
Commissioner  of  Public  Works.  The  Commissioner  of 
Public  Works  may  divide  the  city  into  districts,  andfix 
the  days  on  which  the  rates  in  each  district  shall  be  paid. 
Thus  amended  by  L.  1901,  c.  228,  Sec.  7. 

^  286.  The  Commissioner  of  Public  Works  shaU  pay 
daily  to  the  City  Treasurer,  all  moneys  received  l^y  him  fr^m 
any  source,  and  make  a  report  at  the  same  time  to  the  Comp- 
troller. All  moneys  accruing  each  fiscal  year  from  the  sale 
and  use  of  water  shall  be  used  for  the  payment  of  interest  on 
all  outstanding  water  bonds  and  of  principal  due  and  pay- 
al^le  in  that  year  on  water  bonds  not  renewable,  so  far  as 
the  same  may  be  available,  and  the  balance,  if  any,  shall  be 
applied  as  a  resource  in  the  appropriations  to  be  raised  by 
tax  for  the  next  fiscal  year. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  7,  and  L.  1902,  e.  552. 

§  287.  All  claims  against  the  city,  connected  with 
this  department,  shall  be  audited  by  the  Commissioner 
of  Public  Works  before  bemg  presented  to  the  Common 
Council.  The  time  during  which  any  claim  shall  remain 
in  the  hands  of  the  Commissioner  of  Public  Works  for 
audit  shall  not  be  a  part  of  any  time  hmited  for  the 
commencement  of  an  action  against  the  city,  and  the 
time  of  such  limitation  shall  be  extended  accordingly. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  7. 


168  REVISED   riTV   CHARTER.  [Title  X. 

§  288.  It  shall  he  the  duty  of  the  owner  or  occupant 
of  any  premises  in  the  city,  whenever  such  work  shall  be 
ordered  by  a  resolution  of  the  Common  Council,  to  lay 
water,  sewer,  and  gas  service  pipes  from  the  main  pipes 
in  the  street  in  front  of  such  premises  to  such  point  be- 
yond the  curb  line  as  the  Commissioner  of  Public  Works 
may  determine.  It  shall  also  be  the  duty  of  such  owner 
or  occupant  to  lay  and  relay  sidewalks  in  front  of  such 
premises  whenever  the  same  shall  be  so,  as  aforesaid, 
ordered,  and  to  at  all  times  keep  and  maintain  the  side- 
walk in  front  of  such  premises  in  good  order  and  repair, 
and  to  remove  snow  and  ice  therefrom  within  the  time, 
and  as  required  by  the  city  ordinances.  The  Commis- 
sioner of  Public  Works  shall  notify  the  owner  or  occupant 
of  any  premises  in  front  of  which  any  such  work,  except- 
ing the  removal  of  snow  and  ice,  and  repair  of  sidewalks, 
shall  be  required  to  be  done,  that  if  the  same  is  not  done 
by  the  owner  or  occupant  within  ten  days,  the  same 
shall  be  done  by  the  city,  and  the  expense  thereof  will  be 
assessed  upon  such  premises.  Such  notice  may  be 
served  personally,  or  by  mailing  the  same  in  the  manner 
prescribed  in  section  one  hundred  and  fifty  of  this  act 
for  the  mailing  of  notices  by  the  Assessors.  In  case  any 
such  work  shall  not  be  done  within  the  time  specified  in 
such  notice,  and  in  case  any  such  owner  or  occupant 
shall  fail  or  neglect  to  keep  the  sidewalk  in  front  of  any 
premises  owned  or  occupied  by  him  in  good  order  and 
repair,  or  to  remove  the  snow  or  ice  therefrom,  as  re- 
quired herein,  said  Commissioner  of  Public  Works  may 
cause  such  work  to  be  done  and  the  expense  thereof 
shall  be  a  charge  and  lien  upon  such  premises.  The 
Commissioner  of  Public  Works  shall  cause  a  monthly 
assessment-roll  to  be  made  for  all  such  work,  and  for 
removing  material  and  obstructions  from  public  streets 
completed  during  the  month,  and  work  shall  not  be 
deemed  completed  until  all  included  in  one  resolution 
of  the  Common  Council  shall  be  finished,  and  any  such 
work  omitted  from  a  monthly  assessment-roll  may  be 


Title  X.]  REVISED    CITY    CHARTER.  169 

included  in  the  next.  Such  rolls  shall  contain  descrip- 
tions of  the  premises  and  the  names  of  the  owners,  the 
same  as  are  required  in  local  assessment-rolls  made 
by  the  Assessors,  and  also  stated  in  separate  columns, 
the  charge  agamst  the  respective  parcels  of  land  for  each 
kind  of  work  above  specified,  and  shall  be  entitled  "as- 
sessment-roll for  water,  sewer,  and  gas  connections,  con- 
structing, repairing  and  cleaning  sidewalks,  and  remov- 
ing street  obstructions,"  specifying  the  month  and  year, 
and  shall  be  arranged  by  streets  alphabetically,  and  shall 
be  prepared  and  remain  on  file  in  the  office  of  sa'd  Com- 
missioner of  PubUc  Works,  open  to  inspection  by  any 
person  interested,  and  to  revision  by  said  Commissioner 
of  Pubhc  Works  for  at  least  one  week  prior  to  the  first 
day  of  the  second  month  after  the  completion  of  the 
work  for  which  the  roll  is  made.  Previous  notice  that 
the  roll  will  be  so  open  to  inspection,  and  subject  to  re- 
vision and  correction,  shall  be  given  by  mail.ng  the  same 
to  each  person  so  assessed,  as  hereinbefore  provided  for 
mailing  notices,  and  during  such  time  the  Commissioner 
of  Public  Works  may  hear  interested  parties,  and  shall 
make  such  correction,  changes,  and  alterations  in  such 
roll,  and  in  the  assessments  therein,  as  shall  be  deemed 
just  and  equitable.  Where  any  assessment  has  been 
om'tted  from  such  a  roll,  or  where  any  assessment  therein 
is  on  the  wrong  premises,  or  where  the  Commissioner  cf 
Pubhc  Works  shall  require  further  time,  or  where,  for 
any  reason,  the  Commissioner  of  Public  Works  deems  it 
advisable  to  strike  an  assessment  from  such  a  roll,  that 
may  be  done,  and  the  omitted  or  delayed  assessment 
shall  be  assessed  and  included  in  the  monthly  roll  pre- 
pared next  thereafter,  provided,  however,  that  in  addi- 
tion to  mailing  notices  as  hereinbefore  provided,  the 
Commissioner  of  Pubhc  Works  shall  give  notice  to  the 
owners  of  land  upon  which  any  previously  omitted  or 
delayed  assessment  is  to  be  spread,  by  publishing  the 
same  in  one  issue  of  the  official  paper  within  three  days 
prior  to  the  first  day  such  roll  will  be  open  to  inspection 


170  REVISED    CITY    CHARTER.  [Title  X. 

and  revision.  After  the  roll  shall  have  been  corrected 
and  revised,  prorf  l)y  affidavit  of  the  giving  of  the  notices 
herein  required  shall  be  attached  thereto,  and  it  shall  be 
certified  by  the  secretaiy  of  the  Commissioner  of  Public 
Works,  and  filed  with  the  City  Clerk  on  or  l^efore  the 
tenth  day  of  the  next  month  after  the  roll  shall  have  been 
prepared.  Objections  to  such  roll,  or  to  any  item  there- 
of, may  be  filed  with  the  City  Clerk  on  or  before  the 
fifteenth  day  of  said  month,  and  either  before  or  after 
the  roll  shall  be  filed  wdth  him,  in  the  same  form  as  ob- 
jections filed  with  him  to  other  local  assessment-rolls. 
If  no  such  objections  shall  be  so  filed,  the  City  Clerk  shall 
at  the  first  meeting  of  the  Common  Council  after  said 
fifteenth  day  of  the  month,  report  to  the  Common  Coun- 
cil that  no  objections  have  been  filed,  and  the  Connnon 
Council  shall  adopt  a  resolution  confirming  the  roll.  If 
any  such  objections  shall  be  so  filed,  the  City  Clerk  shall 
at  the  first  meeting  of  the  Common  Council  after  said 
fifteenth  day  of  the  month,  present  the  same  to  the 
Common  Council,  which  shall  on  that  day,  or  on  such 
other  day  or  days  as  it  shall  appoint,  hear  the  objections 
and  confirm  the  roll,  in  whole  or  in  part,  and  may  by  a 
two-thirds  vote  in  each  Board  correct  or  revise  it,  and 
confirm  it  as  so  corrected  or  revised.  Upon  the  con- 
firmation of  any  such  roll,  the  City  Clerk  shall  attach  to 
it  his  certificate  that  the  roll  has  been  confirmed,  and 
deliver  the  same  to  the  Comptroller,  and  it  shall  be  pro- 
ceeded with  as  are  local  rolls  made  by  the  Assessors,  and 
all  of  the  provisions  of  the  charter  relating  to  local  rolls 
made  by  the  Assessors  after  the  same  have  been  con- 
firmed and  delivered  to  the  Comptroller  shall  be  ap- 
plicable thereto.  No  assessment  provided  for  herein 
shall  be  deemed  invalid  by  reason  of  any  error  in  the 
name  of  the  person  to  whom  notice  is  given  or  the  name 
of  the  owner  of  the  premises  assessed,  and  all  assessments 
herein  provided  for  shall  be  assessed  upon  the  lands  and 
premises  in  front  of  which  the  work  is  done,  according 
to  the  lineal  frontage. 


Title  X.]  REVISED    CITY    CHARTER.  171 

Thus  amended  by  L.  1895,  c.  805,  Sec.  19,  and  L.  1901, 
c.  228,  Sec.  8. 

This  section  originally  was  brief,  containing  only  a  bare  outline 
of  the  present  provisions.  As  printed  above,  the  section  was  prac- 
tically all  new  in  1895.  The  law  of  1901  made  only  unimportant 
verbal   changes. 

§  289.  The  Commissioner  of  PubUc  Works  may 
estabhsh,  designate,  and  maintain  hydrants  within  the 
city  to  supply  the  pubhc  with  water,  and  the  expense 
thereof  may  be  assessed  upon  and  collected  from  the 
property  deemed  benefited,  in  hke  manner  as  provided 
in  title  five  of  this  act,  for  assessment  and  collection  of 
assessments;  and  the  Commissioner  of  Public  Works 
shall  designate  the  districts  by  boundaries  within  which 
such  assessment  shall  be  levied. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  9. 

§  290.  The  Deputy  Building  Commissioner,  under 
the  direction  of  the  Commissioner  of  Public  Works,  shall 
enforce  the  ordmances  of  the  city,  regulating  the  con- 
struction, alteration  or  repair  of  buildings  in  the  city. 
He  and  the  inspectors  of  buildings  shall  have  authority 
to  enter  any  premises  or  building  for  the  purpose  of 
examining  its  condition;  and  whenever  in  the  judgment 
of  the  Deputy  Building  Commissioner  any  building 
or  any  part  of  a  building  shall  be  dangerous  to 
the  pubhc,  or  unsafe,  he  may,  under  the  direction  of  the 
Commissioner  of  Public  Works,  when  the  same  shall  be 
approved  by  the  Common  Council,  order  such  building, 
to  be  torn  down,  and  in  case  his  order  shall  not  be  obeyed, 
he  may  cause  it  to  be  torn  down;  or  he  may  order  it  to  be 
repaired  so  as  to  be  safe,  and  in  case  his  order  shall  not 
be  obeyed,  he  may  cause  the  proper  repairs  to  be  made. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  9. 

§  291.  The  expense  of  removing  or  tearing  down  any 
unsafe  building,  or  of  making  it  or  any  portion  thereof 
secure,  shall  be  a  hen  on  the  property  on  which  the 
building  stood,  and  may  be  enforced  and  collected  in  the 


172  REVISED    CITY    CHARTER.  [Titlr  X. 

same  manner  as  a  local  assessment  thereon,  or  it  may  be 
recovered  from  the  owner  of  the  premises  upon  which 
the  building  stood,  by  action  brought  in  the  name  of  the 
city. 

§  292.  Before  the  construction  or  remodeUng  of  any 
building  in  the  city  is  commenced,  the  owner  shall  file 
with  the  Deputy  Building  Commissioner  a  sworn  state- 
ment of  the  character  and  use  of  the  building  he  proposes 
to  erect,  and  its  location  on  his  premises.  And  in  all 
cases,  except  where  the  building  is  a  one  or  two-story 
frame  dwelling,  or  one  or  two-story  frame  store,  or  dwell- 
ing within  the  limits  where  wooden  buildings  may  be 
erected,  he  shall  file  a  copy  of  the  plans  and  specifications 
of  such  building,  and  a  statement  which  shall  contain 
the  name  and  residence  of  the  owner,  and  the  purposes 
for  which  the  building  is  designed,  and  which  shall  be 
sworn  to  by  the  owner  or  his  authorized  agent.  The 
Commissioner  of  Public  Works  shall,  within  ten  days 
after  the  filing  of  the  plans,  specifications,  and  statement, 
approve  the  same,  or  indicate  in  writing  the  alterations 
to  be  made  therein  to  comply  with  the  general  laws  of 
the  state  and  ordinances  of  the  city,  and  no  building  shall 
be  erected  or  remodeled  until  the  approval  of  the  Com- 
missioner of  Public  Works  shall  be  obtained,  and  a 
written  permit  issued  by  him  to  the  owner  or  builder  of 
such  building.  Nothing  herein  contained  shall  affect  the 
exclusive  power  of  the  Common  Council  to  grant  per- 
mits for  buildings  under  subdivision  five  of  section  seven- 
teen of  this  act. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  9. 

§  293.  The  Commissioner  of  Public  Works  shall 
report  to  the  Corporation  Counsel  any  violation  of  the 
building  laws  of  the  state  and  ordinances  of  the  city,  for 
which  a  fine,  penalty  or  forfeiture  is  prescribed,  and  the 
Corporation  Counsel  shall  thereupon  bring  an  action  to 
enforce  the  same.  In  case  the  construction  or  remodel- 
ing of  any  building  is  commenced  without  the  permission 


\ 

Title  X.]  REVISED    CITY   CHARTER  173 

of  the  Commissioner  of  Public  Works,  he  shall  order  the 
work  to  be  stopped.  In  case  the  work  on  the  building 
is  continued  he  shall  report  the  facts  to  the  Corporation 
Counsel,  who  shall,  by  action,  enjoin  the  further  prose- 
cution of  such  work  until  the  permission  shall  be  ob- 
tained. The  court  shall  enjoin  the  prosecution  of  the 
work,  pending  the  action.  The  Corporation  Counsel 
shall  not  settle  or  discontinue  any  such  action  without 
the  written  consent  of  the  Commissioner  of  Public  Works. 
The  usual  costs  in  an  action  at  law  and  special  proceed- 
ings shall  apply  to  these  proceedings. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  9. 

§  294.  ■  The  captains  of  pohce  in  the  several  districts 
of  the  city  shall  report  daily  to  the  superintendent  of 
police  all  defective  street  lamps  which  may  be  discovered 
in  their  respective  districts,  and  all  street  lamps  which 
were  not  hghted  during  any  night ;  and  shall  also  report 
daily  to  such  superintendent  of  police  all  defects  which 
may  be  discovered  in  the  streets  or  sidewalks,  and  all 
omissions  to  clean  the  same.  And  the  superintendent 
shall  make  a  consolidated  report  of  the  same  to  the 
Department  of  Pubhc  Works  daily.  Notice  to  any 
member  of  the  police  force  of  any  defective  streets  shall 
not  be  notice  to  the  city  until  actually  received  by  the 
Commissioner  of  Pubhc  Works. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  9. 

§  295.  All  gas,  telegraph,  telephone,  and  electric  light 
companies,  having  subways  or  conduits,  or  any  other 
persons  or  corporations  having  grants  from  the  city  for 
any  subways  or  conduits  in  pubhc  streets  or  alleys,  shall 
be  required  to  file  with  the  department,  service  maps  and 
plans  of  all  their  mains,  subways,  and  conduits  in  exist- 
ence at  the  time  this  act  shall  go  into  effect,  and  shall 
thereafter  obtain  permission  from  this  department  for 
laying  or  relaying  all  mains,  subways,  and  conduits. 


174  REVISED    CITY    CHARTER.  [Title  X. 

§  296.  The  Commissioner  of  Public  Works  shall  have 
authority  to  purchase  or  lease  a  piece  of  laud  to  be  used 
as  a  store  yard  or  depot  of  supplies,  where  shall  be  stored 
all  materials  necessary  for  repairing  the  public  works 
which  are  under  the  charge  of  this  department. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  9. 

§  297.  Before  the  city  shall  order  the  extension  or 
alteration  of  the  watei^works,  or  the  construction,  in 
whole  or  part,  of  new  waterworks,  the  Commissioner  of 
Public  Works  shall  have  power  to  determine  upon  the 
plans  and  specifications  of  such  extension,  alteration  or 
construction,  and  no  extension  of  said  waterworks  shall 
be  ordered  except  upon  the  recommendation  of  the 
Commissioner  of  Public  Works.  When  any  extension, 
alteration  or  construction  (except  pipe  laying),  the  ex- 
pense of  which  shall  exceed  the  sum  of  five  hundred 
dollars  shall  be  ordered,  it  shall  be  the  duty  of  said  Com- 
missioner of  Public  Works  to  advertise  by  publication  in 
the  official  paper,  and  in  two  other  daily  papers  twice  a 
week  for  two  weeks,  a  notice  inviting,  until  a  certain  day 
to  be  specified  in  the  notice,  sealed  proposals  to  do  the 
work  and  furnish  the  materials  according  to  the  plans 
and  specifications  on  file  in  the  office  to  be  specified  in 
such  notice.  But  said  Commissioner  of  Public  Works 
may,  in  his  discretion,  employ  necessary  labor,  purchase 
necessary  supplies  for,  and  cause  any  or  all  water  pipes 
to  be  laid  under  his  own  supervision. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  9. 

§  298.  When  any  work  or  repairs  not  herein  other- 
wise specially  provided  for  shall  be  ordered  by  the  Com- 
mon Council  upon  or  in  front  of  premises,  the  Commis- 
sioner of  Public  Works  shall  notify  the  owner  or  occupant 
personally  or  by  mail,  at  least  ten  days  before  the  Com- 
missioner of  Public  Works  will  undertake  the  work,  that 
if  such  work  or  repairs  is  not  done  or  made  within  ten 
days,  the  same  will  be  done  by  the  Commissioner  of  Pub- 


Title  X.]  REVISED    CITY    CHARTER.  175 

lie  Works,  and  the  expense  thereof,  together  with  twelve 
per  centum  per  annum  from  the  time  the  work  was  done, 
will  be  assessed  upon  the  premises  in  front  of  or  upon 
which  the  same  shall  be  done  or  made  in  the  manner 
that  other  local  assessments  are  made. 

Thus  amended  by  L.  1894,  c.  289,  Sec.  3,  and  L.  1901, 
c.  228,  Sec.  10. 

Before  the  amendment  of  1894,  this  section  referred  only  to 
"repairs  to  sidewalks  or  any  other  repairs  in  front  of  or  work  upon 
premises." 

§  299.  The  Commissioner  of  Public  Works  shall  not, 
without  the  consent  of  the  Common  Council,  expend  n 
any  one  year  any  greater  amount  of  money  than  shall 
have  been  appropriated  by  the  Common  Council  in  the 
annual  appropriation  for  said  year  for  said  department, 
except  as  provided  in  section  seventy-three. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  11. 

Chapter  II, 

JUBILEE    WATERW^ORKS. 

§  300.  The  city  shall  have  power  to  maintain,  repair, 
and  regulate  the  Jubilee  w^aterworks  for  the  use  and 
benefit  of  the  inhabitants  of  the  parish  tract. 

§  301.  There  shall  be  a  Board  of  Jubilee  Water  Com- 
missioners, which  shall  consist  of  three  members,  who 
shall  be  appointed  by  the  Mayor,  and  hold  their  offices 
for  the  term  of  three  years.  Each  Commssioner  shall 
be  a  resident  of  the  parish  tract,  and  shall  serve  witliout 
compensation. 

§  302.  The  Jubilee  W^ater  Commissioners  in  office  at 
the  t'me  this  act  takes  effect  shall  constitute  the  first 
Board,  and  serve  out  the  terms  for  which  they  were 
respectively  appointed.  Whenever  a  vacancy  arises  in 
such  Board,  by  reason  of  the  expiration  of  the  term  of 
office  of  any  Commissioner,  the  Mayor  shall  appoint  a 
Jubilee  Water  Commissioner  to  serve  three  years. 


176  REVISED    CITY    CHARTER.  [Title  XL 

§  303.  The  Board  shall  have  charge  of  the  manage- 
ment of  the  Jubilee  watenN'orks  and  their  appurtenances. 

§  304.  The  Board  shall  appoint,  and  may  at  pleasure 
remove,  a  superintendent. 

§  305.  The  Common  Council  shall  fix,  regulate,  and 
levy  the  rates  and  charges  for  the  use  of  the  Jubilee 
water,  and  it  shall  provide  for  the  assessment,  levying, 
and  collection  thereof.  It  shall  levy  and  assess  upon  the 
taxable  property  of  the  parish  tract  all  other  taxes  neces- 
sary for  the  maintenance  of  the  Jubilee  watei'W'orks,  and 
provide  for  their  collection;  and  may  enact  such  ordi- 
nances as  it  may  deem  necessary  to  cany  into  effect  the 
provisions  of  this  chapter. 

§  306.  All  water  rates,  charges,  penalties,  and  taxes 
shall,  when  collected,  constitute  a  fund  to.  be  called  the 
"Jubilee  water  fund,"  and  shall  be  appHed  to  the  pay- 
ment of  all  expenses  or  liabilities  incurred  in  maintaining 
the  Jubilee  watei^works. 

§  307.  All  claims  against  the  city,  growing  out  of  the 
maintenance  of  the  Jubilee  waterworks,  shall  be  audited 
by  the  Board  of  Jubilee  Water  Commissioners  before 
bemg  presented  to  the  Common  Council.  Nothing  in 
this  chapter  contained  shall  be  construed  to  repeal  or 
affect  chapter  one  hiuidred  and  fifty-four  of  the  laws  of 
eighteen  hundred  and  ninety,  except  that  no  compensa- 
tion shall  be  paid  to  any  officer  or  employee  mentioned 
in  the  eighth  section  of  that  chapter,  unless"  such  com- 
pensation shall  be  first  authorized  and  approved  by  the 
Common  Council  by  ordinance. 


TITLE  XI. 

DKPAKTMENT  OF   PARKS. 


§  308.    There  shall  be  a  Department   of  Parks,  of 
which  the  Board  of  Park  Commissioners  shall  be  the  head. 


Title  XL]  REVISED  city  charter.  177 

It  shall  consist  of  five  members,  who  shall  be  appointed 
by  the  Mayor,  who  shall  also  be  a  member  of  said  Board, 
ex  officio.  The  name  and  style  of  said  Board  shall  be 
"the  Park  Commissioners."  The  terms  of  office  of  the 
Park  Commissioners  in  office  at  the  time  the  amendment 
to  this  section  takes  effect  shall  cease  and  terminate  upon 
the  appointment  of  the  Board  of  Park  Commissioners 
pursuant  to  the  provisions  of  the  section  as  amended,  and 
such  existing  Board  shall  turn  over  to  the  Board  ap- 
pointed pursuant  to  this  section  as  amended  all  the 
books,  papers,  records,  money,  and  property  in  its 
possession  or  under  its  control  as  such  Board  of  Park 
Commissioners.  Withm  ten  days  from  the  time  this  act 
takes  effect,  the  Mayor  shall  appoint  five  Park  Commis- 
sioners, one  for  the  term  of  one  year,  one  for  the  term  of 
two  years,  one  for  the  term  of  three  years,  one  for  the 
term  of  four  years,  and  one  for  the  term  of  five  years,  and 
every  year  thereafter,  upon  the  expiration  of  the  term 
of  office  of  a  member  of  such  Board,  the  Mayor  shall 
appoint  a  Park  Commissioner  for  a  full  term  of  five  years. 
Should  a  vacancy  occur  in  said  Board  by  reason  of  death, 
resignation,  or  otherwise,  except  the  expiration  of  term 
of  office,  the  Mayor  shall  appoint  a  person  to  fill  such 
vacancy,  whose  term  of  office  shall  expire  at  the  end  of  the 
term  of  the  one  whose  vacancy  he  is  appointed  to  fill. 

Thus  amended  by  L.  1902,  c.  19. 

The  amendment  reduced  the  number  of  Park  Commissioners 
from  fifteen  to  five. 


§  309.  No  member  of  said  Board  shall  receive  any 
compensation  for  his  services,  but  each  Commissioner 
shall  be  entitled  to  receive  his  actual  disbursements  for 
expenses  in  visiting  and  superintending  said  park,  when 
such  visits  or  service  shall  be  made  or  rendered  by  the 
direction  of  the  said  Board  of  Commissioners.  No  mem- 
ber of  the  Common  Council  shall  be  ehgible  to  the  office 
of  Park  Commissioner. 


178  REVISED    CITY   CHARTER.  [Title  XI. 

§  310.  A  majority  of  the  Board  shall  constitute  a 
quorum  for  the  transaction  of  business.  The  said  Board 
shall  have  the  full  and  exclusive  power  to  make  rules  and 
by-laws  for  the  orderly  transaction  of  their  business;  to 
govern,  manage,  and  direct,  and  to  lay  out  and  regulate 
the  parks  and  approaches  thereto;  to  appoint  a  superin- 
tendent and  such  engineers,  surveyors,  clerks,  and  other 
officers  as  may  be  necessary;  to  prescribe  and  define 
their  respective  duties,  and  to  fix  the  amount  of  their  com- 
pensation, and  generally  in  regard  to  said  parks  and 
approaches  thereto  they  shall  possess  all  the  power  and 
authority  now  by  law  conferred  upon  or  possessed  by 
the  Common  Council  in  I'ospect  to  the  public  streets, 
sidewalks,  squares,  and  places  in  said  city.  The  said 
Board  shall  have  sole  and  exclusive  power  by  contract 
or  otherwise,  to  open,  grade,  construct,  repair,  and  main- 
tain the  roadways  of  said  approaches,  and  the  assent  of 
adjacent  property  owners  thereto  shall  not  be  necessaiy; 
but  no  work  shall  be  done  where  any  part  thereof  is 
assessable,  as  hereinafter  provided,  until  notice  of  in- 
tention to  order  it  shall  have  been  published  in  the  official 
paper,  by  order  of  said  Board,  at  least  twice  a  week  for 
two  consecutive  weeks  before  the  same  shall  be  ordered, 
the  last  publication  to  be  at  least  one  week  before  the 
same  is  so  ordered,  and  all  interested  parties  shall  have 
an  opportunity  to  be  heard  before  said  Board  at  such 
time  as  it  shall  appoint  in  such  notice;  provided  that  no 
notice  or  hearing  shall  be  necessaiy  in  the  case  of  work 
the  expense  of  which  shall  not  exceed  two  hundred  dol- 
lars. The  said  Board  shall  have  power  to  control  side- 
walk borders,  and  to  plant,  regulate,  and  maintain  trees 
thereon,  and  to  construct  and  lay,  or  cause  to  be  con- 
structed and  laid,  sidewalks  on  the  said  approaches,  and 
to  provide  by  ordinance  for  repairing  the  same,  and' 
removing  snow,  ice,  and  dirt  therefrom,  by  or  at  the 
expense  of  the  owners  and  occupants  of  the  property  in 
front  of  which  such  sidewalks  may  be,  and  to  provide 
fines  and  penalties  for  violation  of  such  ordinances,  not 


Title  XL]  REVISED  city  charter.  179 

exceeding  twice  the  cost  of  such  repairing,  and  the  re- 
moving of  sucli  ice,  snow,  and  dirt,  and  all  persons  vio- 
lating the  same  shall  be  deemed  guilty  of  a  misdemeanor, 
and  punished  as  hereinafter  provided.  The  said  ap- 
proaches shall,  within  the  intent  and  meaning  of  this 
act,  be  deemed  to  include  all  lands  within  the  boundaries 
thereof,  together  with  all  rights  and  easements  appurte- 
nant thereto,  and  such  portions  thereof  as  may  be  within 
the  boundaries  of  intersecting  city  streets;  provided, 
nevertheless,  that  the  Common  Council  shall  have  juris- 
diction of  said  intersectmg  city  streets  up  to  the  curb 
hne  of  such  approach,  but  no  new  street  shall  be  laid  out 
to  intersect  any  park  approach  without  the  consent  of 
the  Park  Commissioners,  and  the  expense  of  opening, 
gradmg,  paving,  repairing,  and  mamtaining  the  road- 
ways and  sidewalks  of  such  portions  of  said  intersecting 
city  streets  shall  be  assessed  and  collected  in  the  same 
manner  as  the  expense  of  constructing,  grading,  and 
repairmg  the  city  streets  or  sidewalks.  The  officers  and 
pohcemen  heretofore  appomted  by  the  said  Park  Board, 
who  are  m  office  when  this  act  takes  effect  shall  continue 
in  office  as  members  of  the  regular  police  force  of  the 
city  of  Buffalo,  with  the  rank  and  pay  of  patrolmen. 
Thus  amended  by  L.  1898,  c.  83. 

This  section  originally  provided  for  a  park  police  force,  not 
exceeding  twelve  in  number.  The  amendment  struck  out  this 
provision  and  added  the  last  sentence  as  printed  above. 

§  311.  It  shall  be  a  misdemeanor  for  any  Park  Com- 
missioner to  be  directly  or  indirectl)^,  in  any  way  pecu- 
niarity  interested  in  any  contract  or  work  of  any  kind 
whatever  connected  with  said  parks  or  approaches 
tiiereto,  and  it  shall  be  the  duty  of  every  person  who 
may  have  knowledge  or  information  of  the  violation  of 
this  provision,  forthwith  to  report  the  same  to  the  Mayor, 
who  shall  present  the  facts^of  the  case  to  the  Superior 
Court  of  Buffalo.  The  said  court  shall  hear,  in  a  sum- 
mary manner,  such  Commissioner  in  relation  thereto,  and 
any  evidence  he  may  offer;  and  if  after    such  hearing 


ISO  REVISED    CITY    CHAHTKU.  [Title  XI. 

the  said  court  shall  be  satisfied  of  the  truth  of  such 
charge,  the  judge  holding  the  same  shall  by  an  order  of 
said  court,  to  be  made  at  chambers  or  in  term,  immedi- 
ately remove  such  Commissioner.  Eveiy  Commissioner 
shall,  before  entering  upon  the  duties  of  his  office,  take 
and  subscribe  the  oath  prescr  bed  by  the  constitution  of 
the  State,  which  oath  shall  be  filed  in  the  office  of  the 
clerk  of  the  Superior  Court  of  Buffalo. 

§  312.  The  said  Park  Commissioners  shall,  in  the 
month  of  Januaiy  in  each  year,  make  to  the  Common 
Council  a  full  report  of  their  proceedings  and  a  detailed 
statement  of  all  their  receipts  and  expenditures. 

§  313.  It  shall  be  lawful  for  the  said  Park  Commis- 
sioners to  let  from  year  to  year,  or  for  any  term  not 
exceeding  ten  years,  any  buildings  and  the  grounds 
attached  thereto  which  may  be  within  the  boundaries 
of  said  park  or  parks,  and  the  said  Park  Commissioners 
may  sell  any  building,  improvements,  and  product  of 
said  park  or  approaclies,  which  in  their  judgment  shall 
not  be  required  for  the  purposes  of  said  parks  and  ap- 
proaches; and  the  proceeds  of  such  leases  and  sales  shall 
be  deposited  with  the  Treasurer  of  said  city  to  the  credit 
gf  the  park  fund,  which  is  hereinafter  created;  and  such 
proceeds  shall  be  used  by  the  said  Commissioners  for  the 
improvement  or  maintenance  of  the  said  parks  or  aj)- 
proaches.  It  shall  also  be  lawful  for  the  said  Park  Com- 
missioners to  set'apart  to  the  Buffalo  Fine  Arts  Academy, 
a  corporation  organized  and  existing  under  the  laws  of 
the  State  of  New  York,  sufficient  land  for  the  construction 
thereupon  of  a  permanent  art  building  or  buildings,  and 
approaches  thereto,  said  l)uildings  to  remain  the  property 
of  said  corporation,  within  that  portion  of  said  park  or 
parks  bounded  on  the  east  by  Lincoln  Parkway,  or  the 
extension  thereof,  north  to  the  bridge  across  the  Park 
Lake,  on  the  north  by  North  Bay,  on  the  west  by  Elm- 
wood  Avenue,  and  on  the  south  by  the  south  boundaiy 
line  of  Delaware  Park,  and  to  that  end  the  said  Park 


Title  XL]  REVISED  city  charter.  j!81 

Commissioners  are  hereby  authorized  in  their  discretion 
to  make  and  enter  into  a  contract  with  the  Buffalo  Fine 
Arts  Academy  for  the  use  and  occupation  of  such  lands 
within  the  boundaries  of  the  said  park  or  parks,  by  the 
said  Buffalo  Fine  Aits  Academy  and  its  successors,  and 
said  contract  may  provide  among  other  things  that  such 
use  and  occupation  shall  continue  so  long  as  the  said 
the  Buffalo  Fine  Arts  Academy,  or  its  successors,  shall 
maintain  upon  said  land  an  art  building  or  buildings, 
which,  with  the  general  collection  of  works  of  art  of  said 
corporation,  shall  be  free  to  the  inspection  and  for  the  use 
of  the  public  at  all  reasonable  times;  but  it  shall  be  law- 
ful for  said  contract  to  provide  for  the  suspension  of  such 
free  public  use  and  inspection  during  the  Pan-American 
Exposition  to  be  held  in  the  city  of  Buffalo,  and  to  pro- 
vide for  the  temporaiy  suspension  of  such  free  public 
inspection  and  use  of  any  portions  of  such  building  which 
may  be  required  from  time  to  time  for  special  exhibitions 
of  works  of  art;  and  it  shall  be  lawful  for  said  contract 
to  provide  that  no  further  buildings  or  encroachments 
of  any  kind  shall  be  permitted  upon  that  portion  of  the 
said  park  or  parks  within  the  boundaries  above  described, 
so  long  as  the  said  art  buildings  shall  remain  upon  the 
land  to  be  set  apart  and  occupied  as  herein  provided. 

Thus  amended  by  L.  1900,  c.  278. 

The  amendment  added  the  provision  for  a  site  for  the  building 
of  the  Buffalo  Fine  Arts  Academy  and  all  that  follows. 

§  314.  The  said  Park  Commissioners  shall  have  power 
upon  such  terms,  and  upon  the  payment  of  such  yearly 
license  fee  or  such  per  capita  tax  as  said  Commissioners 
may  prescribe,  to  grant  to  any  street  railway  company 
the  pri\ilege  of  laying  down  and  operating  a  railway,  for 
the  carriage  of  passengers  only,  through  said  approaches; 
but  no  street  or  other  railway  shall  enter  upon,  in,  or 
through  the  said  park  or  parks  without  the  consent  of 
two  thirds  of  the  members  of  the  Board.  The  said  Com- 
missioners shall  have  sole  power  to  license  hacks,  onmi- 
buses,  and  other  vehicles  for  use  in  said  park,  parks,  or 


1S2  RE^■ISKn   CITY   (HARTKK.  [Titlc  XL 

approaches,  and  boats  for  use  on  park  waters  under  such 
regulations  as  the  said  Commissioners  sliall  prescribe. 
All  sums  of  money  which  may  be  received  by  the  said 
Conmiissioners  pursuant  to  this  section  shall  be  depos- 
ited with  the  City  Treasurer  to  the  credit  of  the  park 
fund,  and  shall  be  devoted  to  the  improvement  and 
maintenance  of  said  parks  or  approaches. 

§  315.  The  Common  Council  shall  every  year  grant 
to  the  said  Park  Commissioners  such  sum  of  money  as 
they  shall  require,  and  as  to  the  said  Common  Council 
shall  appear  reasonable  and  just,  for  the  government, 
improvement,  paving,  and  maintenance  of  said  parks  and 
approaches,  and  for  keeping  in  rc})air  the  im})rovements 
and  structures  therein,  and  for  furnishing  a  suitable 
office  for  said  Commissioners.  One  half  of  all  expenses 
for  opening,  grading,  paving,  or  constructing  the  road- 
way or  roadways  of  the  said  approaches  shall  be  paid 
from  the  general  fund,  and  the  other  half  be  defrayed  by 
local  assessments  upon  the  lands  adjacent  to  such  ap- 
proaches, or  which  the  Assessors  shall  determine  to  be 
benefited  thereby,  and  shall  be  a  lien  thereon,  and 
assessed,  levied,  and  collected  in  the  same  manner  as 
other  local  assessments,  and  when  collected  shall  be 
paid  into  the  park  fund;  provided  that  where  any  ap- 
proach or  part  of  an  approach  shall  have  three  road- 
ways, the  whole  expense  of  opening,  grading,  construct- 
ing,or  paving  the  central  roadway  shall  be  paid  from  the 
general  fund,  and  one  half  the  expense  of  opening,  grad- 
ing, paving,  or  constructing  either  lateral  roadway  shall 
be  assessed  upon  the  private  property  adjacent  to  such 
lateral  roadway  and  benefited  thereby,  and  the  other 
half  shall  be  paid  from  the  general  fund.  Where  any 
approach,  or  part  of  an  approach,  has  two  roadways  and 
no  more,  one  half  of  the  expense  of  opening,  gradmg, 
constructing,  or  paving  each  roadway  shall  be  assessed 
on  the  adjacent  property  benefited  thereby,  which  shall 
be  on  tiie  same  side  of  the  approach  as  the  roadway  on 
which  the  work  shall  be  done,  and  the  other  half  shall  be 


Title  XI. 1  REVISED    CITY    CHARTER.  183 

paid  from  the  general  fund.  But  the  repair  of  all  park- 
ways and  approaches  which  shall  have  been  paved  or 
macadamized,  shall  be  paid  for  out  of  the  general  fund 
when  less  than  one  third  of  the  roadway  is  in  condition 
requiring  repair.  But,  whenever  on  any  one  or  more 
blocks  or  sections  of  any  park  approach,  more  than  one 
third  of  the  roadway  requires  repair  the  work  shall  be 
deemed  paving  anew,  and  shall  be  paid  for  as  original 
paving.  The  Common  Council  shall  order  the  expense 
of  opening,  grading,  constructing  or  paving  such  ap- 
proaches as  is  herein  provided  to  be  paid  by  adjacent 
property  benefited,  to  be  assessed,  levied,  and  collected 
as  local  assessments,  as  hereinbefore  provided,  upon 
the  same  being  reported  to  them  by  the  Board,  and  all 
such  assessments,  when  collected,  shall  be  pa  d  into  the 
park  fmid.  The  said  Commissioners  may  construct, 
repair,  and  maintain  sidewalks  upon  said  approaches  at 
the  expense  of  the  owners  of  the  parcels  of  land  in  front 
of  which  the  work  is  done,  and  shall  report  the  expense 
of  the  work  to  the  Common  Council,  which  shall  direct 
the  same  to  be  assessed  upon  the  parcels  of  land  in  front 
of  which  the  work  was  done  or  is  to  be  done,  in  propor- 
tion to  the  benefit;  and  the  Board  of  Assessors  shall 
thereupon  assess  the  same.  Such  assessments  shall  be 
liens  upon  the  property  assessed,  and  be  levied  and  col- 
lected in  the  same  manner  as  other  local  assessments. 
All  moneys  collected  upon  such  assessments  shall  be  paid 
into  the  city  treasury  to  the  credit  of  the  park  fund. 
The  said  Commissioners  shall  furnish  annually  an  esti- 
mate of  what  sum  of  money  they  will  require  for  the 
government,  maintenance,  and  improvement  of  said 
park,  parks,  and  approaches,  specifying  the  particular 
improvements  which  are  proposed  to  be  made  on  any 
park  approach,  and  the  said  Council  in  making  its  annual 
grant  to  said  Commissioners  shall  specify  each  item,  and 
the  amount  of  each  item  of  such  estimate  granted  for 
improving  any  of  such  approaches,  as  well  as  the  total 
amount.     Said  Commissioners  shall  not  apply  the  mon- 


184  REVISED    CITY    CHARTER.  [Title  XL 

eys  so  granted  for  aii}'  particular  improvonieiit  on  any 
park  approach  to  any  other  purpose.  The  money 
granted  by  said  Common  Council  shall  be  paid  out  of 
the  park  fund  which  is  herel)y  created,  when  ordered  by 
said  Commissioners,  upon  their  drafts,  signed  by  the 
president  and  secretary,  and  countersigned  by  the  Comp- 
troller. The  said  annual  estimate  of  the  Commissioners 
shall  be  certified  by  the  secretary  of  said  Board,  and 
furnished  to  the  City  Comptroller  on  or  before  the  first 
day  of  February  of  each  year,  which  estimate  shall  re- 
ceive (he  same  consideration  by  the  Comptroller  as 
estimates  of  the  other  city  departments,  and  shall  be 
included  by  said  Comptroller  in  his  annual  estimates. 

Thus  amended  by  I..  1895,  c.  705,  Sec.  1,  and  L.  1900, 
c.  245. 

The  amondnient  of  1S95  changed  the  manner  of  paying  for 
repairs  of  pavements  or  roadways  of  park  approaches.  Previously 
one  half  of  the  cost  of  all  such  repairs,  where  the  sanie  exceeded  two 
himdred  dollars,  was  assessed  on  the  adjacent  property  benefited. 
The  amendment  of  1900  gave  the  Comptroller  the  right  to  revise 
the  annual  estimate  of  the  Park  Commissioners,  which  previously 
he  was  required  to  include  in  his  estimates  without  change. 

§  316.  The  said  Board  of  Commissioners  shall  have 
the  sole  power  to  determine  the  places  in  said  parks  and 
approaches  where  sewers  and  gas  and  water  pipes  shall 
be  laid ;  and  no  trench  for  any  sewer,  gas-pipe  or  water- 
pipe  shall  l)e  opened  in  any  of  said  parks  or  approaches 
until  said  Commissioners  shall  have  designated  the  loca- 
tion of  the  same.  They  shall  have  power,  when  the 
roadway  or  any  approach  is  constructed  or  repaired,  to 
cause  connections  to  l)e  made  and  extended  from  the 
sewers,  gas-pipes,  and  water-pipes  which  may  be  therein, 
to  the  sidewalk  border  thereof,  at  such  distances  apart 
as  they  shall  determine  to  l)e  necessary.  The  expense 
of  making  such  connections  shall  be  a  local  tax,  and 
shall  be  ordered  by  said  Common  Council  to  be  assessed 
upon  the  parcels  of  land  w^itli  which  such  connections 
shall  be  made,  upon  the  expense  thereof  being  reported 
to  it  by  the  Commissioners.     The  city  may  recover  the 


Title  XL]  REVISED  city  charter.  185 

amount  of  such  assessments,  with  the  additions  and 
interest,  of  the  owners  of  such  parcels,  by  action  in  its 
name,  when  they  shall  remain  unpaid  for  more  than 
sixty  days  after  the  rolls  shall  have  been  delivered  to  the 
City  Treasurer,  and  may  enforce  the  same  as  provided  in 
title  five  of  this  act  for  the  enforcement  of  assessments. 
Such  assessments  when  collected  shall  be  paid  into  the 
city  treasury,  to  the  credit  of  the  jiark  fund. 

§  317.  None  of  the  said  Park  Commissioners,  nor  any 
person,  whether  in  the  employ  of  said  Commissioners, 
or'  othei-w^se,  nor  said  Common  Council,  shall  have  the 
power  to  create  any  debt,  obhgation,  claim,  or  liability 
for  or  on  account  of  the  said  Park  Commissioners,  or  of 
said  park,  parks,  or  approaches,  except  with  the  express 
authority  of  said  Commissioners  conferred  at  a  meeting 
thereof  duly  convened  and  held.  But  said  Park  Com- 
missioners may,  with  the  consent  and  approval  of  the 
Common  Council  and  Mayor,  enter  into  contract  with 
any  person  to  repair  and  maintain  the  pavement  of  any 
approach  or  parkway  for  a  term  not  to  exceed  five  years, 
and  when  such  contract  is  made  the  Common  Council 
shall  each  year  make  the  necessary  appropriation  to  pay 
what  may  become  due  on  the  contract  for  that  year. 
Thus  amended  by  L.  1895,  c.  705,  Sec.  2. 

This  amendment  added  the  last  sentence. 

§  318.  No  telegraph,  telephone,  or  electric  light  wires, 
or  other  wires,  or  posts  or  supports  therefor,  shall  be 
erected  or  placed  in,  upon,  through,  or  over  said  park, 
parks,  or  approaches,  without  the  consent  of  said  Park 
Commissioners,  and  the  said  Commissioners  shall  have 
full  power  and  authority  to  designate  the  place  and 
places  for  and  manner  of  erecting,  placing,  and  maintain- 
ing the  same,  and  may  cause  the  places  and  manner  of 
maintaining  the  same,  whether  heretofore  or  hereafter 
erected  or  placed,  to  be  altered  at  such  times  and  in  such 
manner  as  they  shall  deem  best  for  the  interests  of  said 


186  HKMSF.I)    (ITV    CHAKTER.  [Title  XI. 

park,  parks,  and  approaches,  and  may  require  such  wires 
to  be  laid  under  iiround. 

§  olO.  Tlie  office  of  any  one  of  the  said  Park  Com- 
missioners who  shall  not  attend  the  meetings  of  the  Board 
for  three  successive  months,  after  having  been  duly  noti- 
fied of  such  meetings,  without  satisfactory  reason  there- 
for, or  without  leave  of  absence,  shall  by  said  Board  be 
declared  vacant. 

^  §  320.  Real  and  personal  property  may  be  granted, 
bequeathed,  devised,  or  conveyed  to  the  said  city  for  the 
purpose  of  the  improvement  or  ornamentation  of  the  said 
parks  or  approaches,  or  for  the  estabhshment  or  mainte- 
nance therein  of  museums,  zoological  or  other  gardens, 
collections  of  natural  history,  observatories,  libraries, 
monuments,  or  works  of  art,  upon  such  trusts  and  condi- 
tions as  may  be  prescribed  by  the  grantors  or  devisors 
thereof,  and  agreed  to  by  the  Mayor,  Connnon  Council, 
and  Park  Conmiissioners.  All  property  so  devised, 
granted,  bequeathed,  or  conveyed,  and  the  rents,  issues, 
profits,  and  income  thereof,  shall  be  subject  to  the  exclu- 
sive management,  direction,  and  control  of  said  Park 
Commissiojiers.  Real  estate  may  also  be  conveyed  to 
the  city  for  the  purpose  of  additions  to  said  parks  or 
approaches,  provided  that  the  location  of  such  real  estate, 
and  the  condition  of  the  conveyance,  be  agreed  to  by  the 
Mayor  and  Common  Council,  and  by  the  Park  Commis- 
sioners. 

§  321.  It  shall  1)0  lawful  for  said  Board,  at  any  meet- 
ing thereof  duly  convened,  to  enact  such  ordinances  as 
it  may  deem  necessary  for  the  use,  regulation,  protection, 
and  government  of  said  parks  and  approaches,  not  incon- 
sistent with  the  ordinances  of  the  city  or  the  provisions 
of  this  act,  and  to  prescribe  fines  and  penalties  not  ex- 
ceeding one  hundred  dollars  or  imprisonment  in  the  Erie 
County  penitentiary  not  exceeding  thirty  days,  or  both, 
for  their  violation.  Such  ordinances,  upon  their  passage, 
shall  be  published  ten  days  in  the  official  paper.    The 


Title  XL]  REVISED  city  charter.  187 

secretaiy  of  the  Board  shall  make  and  sign  a  record,  in  a 
book  to  be  provided  for  that  ])urpose,  of  eveiy  ordinance 
enacted  by  said  Board,  and  of  the  times  of  its  first  and 
final  publications;  and  siicli  record,  or  a  copy  thereof, 
certified  by  the  president  or  secretary,  mider  his  hand, 
shall  be  presumptive  evidence  in  all  courts  and  places  of 
the  due  enactment  and  publication  of  such  ordinance, 
and  of  the  times  of  its  first  and  final  pubUcations.  The 
by-laws,  ordinances,  and  regulations  of  the  Board  as  now 
constituted  shall  be  the  by-laws,  ordinances,  and  regida- 
tions  of  the  Board  as  constituted  under  this  act,  until  the 
same  shall  be  repealed,  superseded,  altered,  or  amended 
by  the  Board  hereby  created.  Copies  of  the  record  of 
the  said  ordinances  kept  by  the  secretary  of  the  present 
Board,  certified  by  the  secretary  of  the  Board  hereby 
created,  shall  be  presumptive  evidence  of  their  due  enact- 
ment and  publication. 

§  322.  Every  person  offending  against  the  ordinances 
of  said  Board  shall  be  deemed  guilty  of  a  misdemeanor, 
and  shall,  upon  conviction  before  the  police  justice  or 
any  court  of  competent  jurisdiction,  be  punished  by  fine 
or  imprisonment,  or  both,  as  prescribed  in  the  ordinance 
violated ;  or  in  case  no  fine  or  imprisonment  be  provided 
by  such  ordinance,  by  fine  not  exceeding  one  himdred 
dollars,  or  by  impiisonment  not  exceeding  thirty  days  in 
said  penitentiaiy,  or  by  both  such  fine  and  imprison- 
ment; and  said  poHce  justice  shall  have  jurisdiction  of 
all  offenses  against  said  ordinances,  and  shall,  subject  to 
the  provisions  of  this  act,  have  the  same  power  and 
authority  as  to  such  offenses,  and  the  trial  and  punish- 
ment of  all  persons  offending  against  the  said  ordinances, 
as  he  now  has  as  to  any  case  of  misdemeanor  which  may 
be  tried  before  him.  All  fines  and  penalties  imposed  by 
said  ordinances  may  also  be  recovered  as  penalties  in 
civil  actions  to  be  brought  in  the  name  of  said  city  in 
the  Municipal  Court  of  Buffalo,  and  such  suits  shall  be 
brought  by  the  Corporation  Counsel,  upon  complaint 


188  REVISED    CITY    CHARTER.  [Title  XII. 

made  to  liim  by  said  Board,  or  the  park  superintendent. 
The  remedies  hereby  given  shall  be  deemed  to  be  in  the 
alternative  at  the  election  of  said  Board  or  superin- 
tendent, and  not  to  be  cumulative.  All  fines  and  penal- 
ties collected  hereunder  shall  be  paid  into  the  general 
fund. 

§  323.  The  terms  ''park"  and  ''parks/'  as  used  in 
this  act  shall  include  the  grounds  known  as  the  "Park/' 
"the  Parade/'  "the  Front/'  and  all  parks  and  pubhc 
grounds  (not  being  an  approach  or  part  of  an  approach) , 
which  are  now  or  may  hereafter  be  under  the  control  of 
the  Board  of  Park  Cormnissioners.  The  word  "ap- 
proaches/' whenever  it  occurs  in  this  act,  shall  include 
the  avenues  and  parkways  leading  to  or  connecting  said 
parks,  which  are  now^  or  may  hereafter  be  under  the 
control  of  the  Board  of  Park  Commissioners,  and  "the 
Circle,"  "the  Bank,"  "Soldiers'  Place,"  "Chapin 
Place,"  and  "Bidwell  Place,"  and  all  other  lands  forming 
and  designated  by  the  Board  a  part  of  an  approach. 


TITLE  XII. 

DEPARTMENT  OF  PUBLIC  INSTRUCTION. 

§  324.  The  city  has  power  to  estabhsh,  maintain  and 
regulate  pul  lie  schools. 

§  325.  The  city  shall  be,  by  ordinance,  divided  into 
school  districts,  and  from  time  to  time,  redivided,  and 
in  each  district  there  shall  be  manitained  one  or  more 
primary  or  grammar  schools. 

§  326.  Such  schools  shall  be  open  and  free  to  all  per- 
sons between  five  and  twenty-one  years  of  age  residing 
within  their  respective  districts. 

§  327.  The  city  may  maintain  and  regulate  one  or 
more  high  schools,  it  may  also  maintain  and  regulate 


Title  XII.]  REVISED    CITY    CHARTER.  189 

schools  for  manual  and  technical  training,  into  which 
may  be  admitted  pupils  who  shall  possess  the  qualifica- 
tions prescribed  by  ordinance. 

§  328.  The  high  school  shall  share  in  the  literature 
fund  of  the  State,  and  in  all  appropriations  to  academies. 
The  primary  and  grammar  schools  shall  share  in  the 
school  fund  of  the  State,  and  in  the  appropriations  made 
to  public  schools. 

§  329.  All  expenses  of  the  School  Department  shall 
be  included  in,  and  paid  out  of  the  general  fund.  The. 
Comptroller  is  hereby  authorized  to  embrace  in  his  esti- 
mates a  sum  not  exceeding  two  hundred  and  fifty  thou- 
sand dollars  annually,  which  shall  be  used  solely  for  the 
purchase  of  school  lots,  and  the  erection,  enlargement, 
repairs,  and  furnishing  of  school  bu'ldings.  It  shall  be 
lawful  for  the  city  to  raise  an  amount  of  money  not  ex- 
ceeding three  hundred  thousand  dollars  to  erect  school 
buildings,  and  to  furnish  the  same.  And  for  such  pur- 
pose it  shall  be  lawful  for  the  Common  Council  of  said 
city,  by  a  vote  of  two  thirds  of  the  members  of  each  of 
the  bodies  composing  said  Common  Council,  from  time 
to  time,  to  authorize  the  issue  of  the  bonds  of  said  city, 
to  an  amount  not  to  exceed  in  the  aggregate,  in  addition 
to  the  amount  now  authorized  by  law  to  be  issued,  three 
hundred  thousand  dollars,  bearing  interest  at  the  rate  of 
not  more  than  four  per  centum  per  annum,  the  interest 
to  be  paid  semiannually;  said  bonds  to  be  due  in  not  less 
than  twenty  nor  more  than  fifty  years  from  their  date 
Said  bonds  to  be  sold  at  not  less  than  their  par  value. 

Thus  amended  by  L.  1893,  c.  345,  Sec.  7,  and  L.  1899, 
c.  586. 

The  amendment  of  1893  added  all  after  the  first  two  sentences. 
The  amendment  of  1899  increasr-d  from  $150,000  to  $250,000  the 
amount  authorized  in  the  second  sentence. 

§  330.  The  Superintendent  of  Education  shall  be  at 
the  head  of  this  department.  He  shall  from  time  to  time 
recommend  to  the  Common  Council  the  course  of  study 


190  RKVISKD    CITY    CHAUTKH.  [Titlc  XII. 

U)  1)0  })ursuecl  in  (he  different  i)ul)lic  schools,  and  such 
measures  as  will,  in  his  judgment,  increase  the  usefulness 
and  efficiency  of  the  schools.  He  shall  select  all  new 
teachers  to  be  employed  in  the  different  schools,  after 
this  act  shall  take  effect,  from  among  the  names'^from 
time  to  time  certified  to  him,  b}'  the  board  of  school  ex- 
aminers, except  as  hereinafter  provided.  He  sliall  hire  all 
teachers  for  the  period  of  time,  and  at  the  compensation, 
and  upon  the  terms  and  conditions,  provided  by  ordi- 
nance. He  shall  see  that  the  courses  of  study  and  sys- 
tems of  education  established  by  ordinance  are  observed. 
If  none  be  estabfished  by  ordinance,  he  shall  direct  the 
courses  of  study  and  systems  of  education  to  be  pursued. 
The  teachers  shall  be  subject  to  his  orders  and  direction. 
He  may  suspend,  and  for  cause,  and  after  a  hearing,  with 
the  concurrence  of  the  Mayor,  dismiss  any  teacher.  He 
shall,  on  the  second  Monday  in  December  of  each  year, 
make  a  full  and  comprehensive  report  to  the  Common 
Council  of  the  condition  of  the  schools  up  to  the  thirtieth 
day  of  June  preceding.  Pie  shall  appoint  a  citizen,  who 
shall  be  well  versed  in  the  German  as  well  as  the  English 
language,  and  whose  duty  it  shall  be  to  superintend  the 
teaching  of  the  German  language  in  the  pubhc  schools, 
and  who  shall  also  act,  when  not  othenvise  employed, 
as  secretary  to  the  superintendent.  Nothhig  in  this  act 
contained  shall  be  construed  to  authorize  the  appoint- 
ment of  more  than  one  clerk  for  said  department,  unless 
authority  therefor  shall  be  given  by  the  Connnon  Coun- 
cil. All  puohc  school  janitors  provided  by  ordinance 
shall  be  appointed  by  said  Superintendent  of  Education, 
and  may  be  removed  by  him  at  his  pleasure. 

Thus  amended  by  L.  1905,  c.  109. 

This  ainendmont  add(>d  the  last  sentence. 

§  331.  The  Mayor  shall,  within  thirty  days  after  this 
act  shall  take  effect,  appouit  five  citizens  of  Buffalo,  who 
shall  be  known  and  designated  as  ''the  Board  of  School 
Examiners."     Thev  and  their  successors  in  office  shall 


Title  XIL]  REVISED  city  charter.  191 

each,  before  entering  upon  the  performance  of  the  duties 
of  an  examiner  under  this  act,  quahfy  in  the  manner 
prescribed  for  officers  of  the  city  government. 

§  332.  The  first  examiners  shall  be  appointed  respec- 
tively one  for  one  year,  one  for  two  years,  one  for  three 
years,  one  for  four  years,  and  one  for  five  years,  from  and 
after  the  dates  of  their  respective  appointments,  unless 
sooner  disqualified  or  removed,  as  hereinafter  provided. 
The  City  Clerk  shall  indorse,  upon  the  oath  of  office  of 
each  examiner  appointed  as  aforesaid,  the  date  on  which 
his  term  of  office  expires,  and  shall,  at  least  thirty  days 
before  the  expiration  of  such  term,  notify  the  Mayor  in 
writing  of  the  name  of  the  examiner  whose  term  is  to 
expire  in  that  year.  The  Mayor  shall,  on  the  exp: ration 
of  the  term  of  any  examiner,  appoint  an  examiner  to 
succeed  the  one  whose  term  shall  then  expire,  and  who 
shall  hold  office  for  the  term  of  five  years  unless  sooner 
removed  or  disquaUfied  as. herein  provided. 

§  333.  The  Mayor  may  at  any  time  suspend,  and  for 
cause,  and  after  a  hearing,  remove  any  examiner  ap- 
pointed under  this  act.  Whenever  any  one  of  the  ex- 
am'ners  dies,  resigns,  is  removed,  or  'n  any  manner  be- 
comes disqualified  to  serve  before  the  expiration  of  his 
or  her  term  of  office,  the  said  office  shall  thereupon  be- 
come vacant,  and  the  Mayor  shall,  within  th'rty  days 
after  receiving  notice  of  such  vacancy  from  the  secretary 
of  the  board  of  examiners,  appoint  another  qualfied 
citizen  to  fill  such  vacancy,  as  provided  heretofore  for 
regular  appointments,  who  shall  hold  office  for  the  un- 
expred  term  of  such  examiner,  unless  sooner  removed 
or  disquahfied. 

§  334.  The  examiners  appointed  under  this  act  shall 
hold  at  least  one  stated  meeting  in  each  month.  At  the 
first  meeting  of  the  examiners,  which  must  be  held  within 
fifteen  days  after  their  appointment,  and  annually  there- 
after, the  examiners  shall  choose  one  of  their  number  to 


192  REAISED    CITY    CHAKTKR.  [Tltlc  XII. 

act  and  be  known  as  chairman,  who  shall  preside  at  all 
sessions  of  the  board.  In  case  of  the  absence  or  inability 
of  the  chairman,  the  remaining  examiners  shall  elect  one 
of  their  number  as  chairman  pro  tempore  to  pres'de  at 
any  session.  Three  of  their  number  shall  constitute  a 
quorum  for  the  transaction  of  business.  They  shall  at 
their  first  session,  held  as  hereinbefore  provided,  appoint 
a  secretary  who  shall  perform  clerical  duties  of  the  board. 
It  shall  be  the  duty  of  the  board  at  the  first  monthly 
meeting  of  each  school  term  to  assign  certain  schools  to 
the  different  members  of  the  board  for  visitation  and 
inspection  during  said  school  term,  and  to  change  the 
said  assignments  each  term,  to  the  end  that  all  the  schools 
shall  be  \isited  and  inspected  by  the  board  at  least  once 
in  each  term. 

Thus  amended  by  L.  1901,  c.  127. 

Before  this  amendment  the  last  sentence  read:  "It  shall  be 
the  duty  of  each  member  of  the  Board  to  visit  and  inspect  all  schools 
at  least  once  in  each  term. " 

§  335.  Any  person  hereafter  desiring  to  secure  a  posi- 
tion as  teacher  in  any  of  the  public  schools  of  the  city 
shall  apply  to  the  secretary  of  the  board,  who  shall  there- 
upon furnish  to  such  applicant  a  blank  appHcation, 
apjH'Oved  as  to  form  by  the  board;  the  applicant  shall 
fill  out  and  sign  said  blank,  stating  in  which  of  the  three 
grades  of  teachers,  hereinafter  provided,  he  or  she  desires 
to  be  appointed.  Such  applicants*  shall  then  be  pre- 
sented to  the  board,  which  shall  after  receiving  the  same, 
properly  filled  out  and  signed  as  aforesaid,  notify  each 
applicant  of  the  next  time  and  place  of  holding  the  ex- 
amination of  applicants  for  positions  as  teachers  herein- 
after provided. 

*So  in  the  oiiginal. 

§  336.  For  the  purposes  of  this  act  the  teachers  in  all 
pubhc  schools  in  the  city  are  hereby  divided  into  the 
following  grades,  designated  respectively: 

1.     High  school  teachers. 


Title  XII.]  REVISED    CITY    CHARTER.  193 

2.  Principals  of  grammar  and  primary  schools. 

3.  Assistant  teachers  in  grammar  and  primary 
schools. 

4.  Teachers  in  special  subjects. 

The  Superintendent  shall,  as  soon  as  practicable  after 
this  act  shall  take  effect,  and  not  later  than  thirty  days 
thereafter,  designate  the  subjects  upon  which  apphcants 
for  teachers  in  their  respective  grades  shall  be  examined, 
and  prescribe  the  scope  and  limits  of  such  examinations. 
The  board  of  examiners  shall  from  time  to  time  prepare 
written  or  printed  questions  upon  such  subjects,  within 
the  scope  or  limits  prescribed  as  aforesaid,  which  shall  be 
used  in  the  written  examinations  of  such  apphcants  as 
hereinafter  provided.  The  superintendent  may  from 
time  to  time  as  he  deems  necessary,  change  the  subjects 
and  the  scope  of  such  examinations. 

Thus  amended  by  L.  1899,  c.  627,  Sec.  1. 

This  section  originally  divided  all  the  teachers  into  three  grades, 
designated  as  high  school  grade,  grammar  school  grade,  and  primary 
grade. 

§  337.  The  examiners  shall  hold  stated  public  ex- 
aminations at  such  of  their  regular  meetings  as  they  may 
designate,  and  at  least  as  often  as  once  every  six  months, 
of  all  the  applicants  who  have  filed  their  apphcations 
with  the  secretaiy,  as  hereinbefore  provided.  They 
shall  cause  due  notice  of  the  time  and  place  of  holding 
such  examinations,  and  the  grades  of  teachers  to  be 
examined,  to  be  pubhshed  twice  a  week,  commencing 
four  weeks  prior  to  each  examination,  in  three  of  the 
daily  newspapers  of  the  city,  and  no  examination  shall 
be  held  by  them  unless  so  noticed.  At  the  time  of  hold- 
ing such  examinations,  they  may  first  examme  the  ap- 
plicants orally,  for  the  purpose  of  ascertaining  their 
general  physical  and  moral  fitness  for  teachers.  No 
applicant  shall  be  rejected  for  lack  of  educational  quali- 
fications without  first  being  admitted  to  the  written 
examination  hereinafter  provided  for. 


194  REVISED    CITY    CHARTER.  [Title  XII. 

Thus  amended  by  L.  1899,  c.  627,  Sec.  2. 

This  amcndnu-nt  changed  the  provisions  for  publication  of 
notice  of  examinations,  and  also  required  that  examinations  should 
be  held  at  least  once  every  six  months,  instead  of  every  three 
months  as  formerly. 

§  338.  Each  appHcant  who  shall  appear  upon  such 
oral  examination  to  possess  the  moral,  physical,  and 
general  qualifications  essential  and  requisite  to  make  a 
good  practical  teacher,  shall  then  be  subjected  by  the 
examiners  to  a  written  examuiation  upon  the  subjects 
prescribed  as  aforesaid  for  the  grade  of  teachers  in  which 
he  or  she  seeks  to  qualify,  by  writing  out,  under  the 
direction  and  supervision  of  the  examiners,  the  answers 
to  the  questions  on  the  subjects  prepared  as  hereinbefore 
provided.  Before  beginning  such  written  examinations, 
each  apphcant  shall  be  required  to  select  an  envelope 
containing  duphcate  numbered  cards,  in  such  a  manner 
that  no  one  of  the  examiners  shall  know  what  number 
any  apphcant  has.  No  two  appHcant s  shall  be  furnished 
with  the  same  number.  Each  applicant  shall  write  his 
or  her  name  upon  such  cards,  and  sign  his  or  her  ex- 
amination paper  with  the  number  on  such  card,  omitting 
the  name,  and  place  one  card  in  a  blank  envelope,  and 
seal  the  same  and  deposit  it  in  a  box  to  be  proAided  by 
the  examiners  before  examination,  retaining  the  dupli- 
cate card.  At  the  close  of  the  examination  each  appli- 
cant shall  hand  his  or  her  examination  paper,  folded  in 
such  a  manner  as  to  conceal  the  number  so  s:gned,  to 
the  chairman  of  said  examiners.  The  papers  shall  be 
examined  by  the  examiners,  and  they  shall,  according  to 
a  uniform  plan  or  standaid,  to  be  agreed  to  by  them, 
mark  on  each  paper  the  percentage  which  the  apphcant 
writing  the  same  has  passed,  between  one  and  one  hun- 
dred inclusive,  and  after  the  papers  are  so  marked  the 
envelope  containing  the  name  of  the  applicant,  and  the 
numbers  corresponding  with  their  respective  papers, 
shall  be  opened  by  the  secretary  in  the  presence  of  the 
board,  and  the  names  of  the  apphcants  endorsed  upon 
their  respective  papers.     The  said  examiners  shall  have 


Title  XII.']  REVISED    CITY   CHARTER.  195 

power,  according  to  a  uniform  plan  or  standard,  to  de- 
termine the  relative  value  of  the  subjects  upon  which 
each  applicant  is  examined.  All  such  examination 
papers,  together  with  the  apphcations  of  all  who  try  the 
examinations,  shall  be  filed  and  preserved  in  the  office 
of  the  Superintendent,  for  at  least  three  years  after  they 
are  so  filed,  during  which  time  they  shall  be  open  to 
pubhc  inspection. 
Thus  amended  by  L.  1899,  c.  627,  Sec.  3. 

This  amendment  added  the  sentence  next  to  the  last,  giving 
the  examiners  power  to  determine  the  relative  value  of  subjects. 

§  339.  The  secretary  shall  prepare  a  Hst  of  all  those 
who  have  passed  seventy  per  centum,  or  over,  on  the 
written  examination,  and  he  and  the  chairman  shall  cer- 
tify such  Hst  to  the  Superintendent,  stating  for  which 
grade  of  teachers  they  were  examined,  and  shall  furnish 
to  each  applicant,  who  has  so  passed,  a  certificate  signed 
by  him  and  the  chairman,  stating  the  grade  of  teachers 
for  which  the  appHcant  was  examined,  and  that,  in  the 
judgment  of  the  examiners,  the  person  so  examined  is 
a  person  of  good  moral  character,  and  quahfied  to  teach 
in  such  grade.  This  Hst  shall  be  kept  by  the  Superin- 
tendent as  a  Hst  of  eHgible  candidates  for  three  years 
from  which  to  select  teachers,  and  no  teachers  not  em- 
ployed in  the  pubHc  schools  at  the  time  when  this  act 
shall  take  effect  shall  thereafter  be  appointed  or  em- 
ployed as  a  teacher  in  such  schools,  unless  he  or  she 
has  undergone  the  examination  herein  provided  for,  and 
holds  such  a  certificate.  In  the  employment  of  teachers, 
under  this  act,  preference  shall  be  given  to  residents  of 
Buffalo. 

§  340.  Nothing  contained  in  this  act  shall  in  any 
manner  affect  or  prohibit  the  reemployment  of  any 
teacher  or  teachers  employed  in  said  schools  at  the  time 
when  this  act  shall  take  effect,  and  they  may  be  so  ap- 
pointed or  reemployed  without  undergoing  the  quali- 
fying examination  provided  for  herein,  in  the  discretion 


196  REVISED    CITV    (HAHTKH.  [Title  XII. 

of  the  Sii])oi'inten(loiit,  as  he  lias  licrctofore  employed 

tlU'lll. 

§  341.  All  new  teachers  appointed  uiulcr  the  provi- 
sions of  this  act  shall  be  first  appointed  on  jjrobation  for 
six  months  before  they  shall  be  regularly  employed  as 
hereinbefore  provided.  Any  teacher  so  employed  shall 
receive  the  same  salary  for  such  period  of  probation  as 
if  regularly  em])loyed. 

§  342.  The  financial  officers  of  the  city  are  hereby 
prohibited  from  ])aying  any  salary  to  any  person  ap- 
pointed a  teacher  in  the  public  schools  in  violation  of 
the  provisions  of  this  act. 

§  343.  Any  person  who  fails  to  pass  any  examination 
as  high  as  the  standard  of  seventy  per  centum  may  at 
any  time  after  the  expiration  of  three  months,  and  within 
one  year  from  the  time  he  or  she  last  tried  such  exami- 
nation, apply  to  the  secretary  for  admission  to  the  next 
succeeding  examhiation  of  applicants  for  teachers  in  the 
same  grade  for  which  he  or  she  was  last  examined,  and 
he  or  she  shall  be  admitted  to  such  examination  on  the 
same  basis  as  other  applicants,  without  any  further  or 
different  application,  and  without  any  further  certificate 
or  proof  as  to  good  moral  character  unless  required  to 
furnish  the  same  by  the  examiners. 

§  344.  The  examiners  may  prepare,  adopt,  and  pro- 
mulgate such  rules  or  regulations  as  they  may  deem  fit 
and  j)roper,  not  inconsistent  with  any  of  the  provisions 
of  this  act,  for  the  conduct  and  management  of  their  ex- 
aminations, and  the  government  of  their  meetings,  and 
any  rules  or  regulations  wdiich  will  aid  them  in  carry- 
ing out  the  provisions  of  this  act.  But  all  rules  and 
regulations  pertaining  to  the  examinations  oral  or  writ- 
ten shall  be  uniform. 

§  345.  The  secretary  shall  keep  a  record  of  all  their 
proceedings,  which  shall  contaui  a  list  of  all  the  appli- 


Title  XII.]  REVISED    CITY    CHARTER.  197 

cants  certified  to  the  Supenintendent  as  eligible  for  posi- 
tions as  teachers,  and  the  grades  in  which  they  have 
passed  as  well  as  all  matters  necessary  for  the  informa- 
tion and  the  use  of  the  board  and  the  Superintendent. 

§  346.  The  board  shall  make  an  annual  report  of 
their  proceedings  to  the  Common  Council,  on  the  second 
Monday  in  December  in  each  year,  which  shall  contain  a 
statement  in  regard  to  the  general  condition  of  the 
schools  as  ascertained  by  their  inspection,  and  a  state- 
ment of  the  practical  workings  and  effect  upon  the  public 
schools  of  the  system  of  examinations  provided  for  by 
this  act,  and  any  suggestions  which  they  may  deem 
proper  as  to  the  improvement  of  such  rules,  and  for  the 
more  efficient  accompHshment  of  the  purposes  of  this  act. 

§  347.  Any  person  who  shall  willfully  and  corruptly 
by  himself,  or  in  cooperation  with  one  or  more  persons, 
defeat,  deceive,  or  obstruct  any  person  in  respect  to  his 
or  her  right  of  examination,  according  to  the  provisions 
of  this  act  or  the  rules  and  regulations  prescribed  pur- 
suant thereto,  or  who  shall  willfully,  corruptly,  or  falsely 
mark,  grade,  estimate,  or  report  upon  the  examination  or 
proper  standing  of  any  person  examined  pursuant  to  the 
provisions  of  this  act,  or  aid  in  so  doing,  or  who  shall 
willfully  or  corruptly  make  any  false  representations  con- 
cerning the  same  or  concerning  the  persons  examined, 
or  who  shall  willfully  or  corruptly  furnish  to  any  person 
any  special  or  secret  information  for  the  purpose  of  either 
improving  or  injuring  the  prospects  or  chances  of  any 
person  so  examined  or  to  be  examined,  shall,  for  each 
and  any  of  said  offenses,  be  deemed  guilty  of  a  misde- 
meanor. 

§  348.  The  city  shall  provide  a  suitable  place  for  the 
meetings  of  the  examiners,  and  also  a  place  for  holding 
the  examinations,  and  shall  furnish  all  necessary  sta- 
tionery and  other  supplies  for  the  board.  The  expenses 
incurred  by  the  board  in  carrying  out  the  provisions  of 


198  REVISED    CITY    CHAKTER.  [Titlc  XII. 

this  act,  including  salaries,  shall  be  audited  and  paid 
Hke  other  accounts  against  the  city,  and  shall  be  hicluded 
in  the  expenses  of  the  school  department. 
Thus  amended  by  L.  1892,  c.  22,  and  L.  1894,  c.  33. 

The  act  of  1892  added  a  provision  that  a  vacancy  in  the  office 
of  Superintendent  of  Education  should  be  temporarily  filled  by 
appointment  by  the  Mayor,  Comptroller,  and  President  of  the 
Board  of  Councilmen.  The  law  of  1894  struck  out  this  provision 
and  restored  the  section  to  its  original  form. 

§  348a.  The  Mayor  of  the  city  of  Buffalo,the  Superin- 
tendent of  Education,  the  chairman  of  the  Board  of 
School  Exaniiners,  the  president  of  the  Buffalo  School- 
masters' Association,  and  the  president  of  the  Women 
Teachers'  Association  shall  constitute  a  Board  of  Tiiistees 
who  shall  have  general  care  and  management  of  the  pub- 
lic school  teachers'  retirement  fund  created  by  this  act. 

This  section  added  by  L.  1896,  c.  928;  thus  amended 
by  L.  1905,  c.  192. 

This  amendment  made  the  President  of  the  Buffalo  School- 
masters' Association  a  trustee  in  place  of  the  President  of  the  Prin- 
cipals' Association. 

§  348b.  The  said  board  of  trustees  is  empowered  to 
make  pajonent  from  said  fund  of  annuities  granted  in  pur- 
suance of  this  act,  and  to  take  all  necessary  and  proper 
action  in  the  premises,  and  from  time  to  time  establish 
such  ndes  and  regidations  for  the  administration  and 
investment  of  said  fund  as  it  may  deem  best. 

This  section  added  by  L.  1896,  c.  928. 

§  348c.  The  public  schoolteachers' retirement  fund, 
created  by  this  act,  shall  consist  of  the  following  moneys, 
to  wit: 

1.  An  amount  not  to  exceed  one  per  centum  per 
annum  of  the  respective  salaries  paid  to  the  Superinten- 
dent of  Education,  supervisors  of  grades,  special  teachers, 
principals,  and  assistant  teachers,  to  be  taken  from  said 
salaries  in  four  equal  installments. 

2.  All  moneys  received  from  donations,  legacies, 
gifts,  bequests,  or  otherwise  for  and  on  account  of  said 
fund. 


Title  XII.]  REVISED    CITY   CHARTER.  199 

3.  All  moneys  which  may  be  derived  by  such  other 
methods  as  may  be  duly  and  legally  devised  for  the 
increase  of  said  fund. 

This  section  added  by  L.  1896,  c.  928. 

§  348d.  All  persons  employed  in  the  Department  of  Ed- 
ucation, and  hereinbefore  mentioned  as  contributors  to 
said  fund,  shall  become  annuitants  under  this  act  in  man- 
ner following,  to  wit :  Any  female  teacher  who  shall  have 
taught  in  pubhc  schools  for  twenty-five  years,  and  any 
male  teacher  who  shall  have  taught  in  pubhc  schools  for 
thirty  years,  may  be  retired  by  the  Superintendent  and 
become  an  annuitant  to  this  fund  during  Hfe,  provided, 
however,  that  four-fifths  of  such  service  shall  have  been 
rendered  in  the  public  schools  of  the  city  of  Buffalo.  And 
any  female  teacher  who  shall  have  taught  in  pubhc 
schools  thirty-five  years,  and  any  male  teacher  who  shall 
have  taught  in  public  schools  for  forty  years,  shall  have 
the  right  to  retire,  and  become  an  annuitant  of  said  fund 
during  life,  provided,  however,  that  four-fifths  of  such 
service  shall  have  been  rendered  in  the  pubhc  schools  of 
said  city. 

This  section  added  by  L.  1896,  c.  928. 

§  348e.  Any  teacher  so  retired  or  retiring  shall  receive  as 
an  annuity,  an  amount  not  to  exceed  one  half  of  the  an- 
nual salary  paid  to  said  teacher  at  the  time  of  such  retire- 
ment, said  annuity  to  be  paid  quarterly,  provided,  how- 
ever, that  such  annuity  shall  not  exceed  the  sum  of  six 
hundred  dollars,  which  shall  be  paid  by  the  said  board 
of  trustees  out  of  the  fund  created  in  accordance  with  this 
act,  in  the  manner  provided  by  law  for  the  payment  of 
salaries. 

This  section  added  by  L.  1896,  c.  928. 

§  348f .  No  teacher  shall  become  an  annuitant  under 
this  act  until  he  or  she  shall  have  paid  into  the  retire- 
ment fund  an  amount  equal  to  twenty  per  centum  of  his  or 
her  annual  salary  at  the  time  of  retirement . 

This  section  added  by  L.  1896,  c.  928. 


200  RKVISKD    CITY    CHARTER.  [TitlcXII. 

§  348g.  Said  board  of  t  rustccs  is  hereby  given  the  power 
to  use  both  the  principal  and  the  income  of  said  fund  for 
the  payment  of  annuities  hereinbefore  mentioned,  and 
shall  have  power  to  reduce  from  time  to  time,  the  amount 
of  all  annuities;  provided  that  such  reduction  shall  be  at 
the  same  rate  in  all  cases. 

This  section  added  by  L.  1896,  c.  928. 

§  348h.  If  at  any  time  a  teacher  who  shall  be  willing 
to  continue  to  teach  shall  not  be  reemployed,  or  shall 
be  discharged  before  the  time  when  he  or  she  would  un- 
der the  provisions  of  this  act  be  (entitled  to  an  annuity, 
then  such  teacher  shall  be  paid  back  all  the  money  which 
may  have  been  deducted  from  his  or  her  salary  under 
the  provisions  of  this  act. 

This  section  added  by  L.  1896,  c.  928. 

§  348i.  The  Superintendent  of  Education  shall,  quar- 
terly, in  making  the  pay-rolls  for  the  school  department  or 
the  persons  entitled  to  share  in  the  fund  hereby  created, 
deduct  a  sum  not  to  exceed  one  per  centum  of  the  amount 
of  salary  of  each  of  such  persons,  and  shall  certify  the 
amount  of  such  deductions,  and  the  names  of  the  persons 
from  whose  salaries  such  deductions  shall  have  been 
made;  and  such  certificate  shall  accompany  the  pay-roll 
and  a  warrant  for  the  amount  of  the  deductions  so  certi- 
fied shall  be  drawn  payable  to  the  order  of  the  City  Treas- 
urer, who  shall  retain  the  same  subject  to  the  disposal 
of  the  said  board  of  trustees  hereinbefore  mentioned. 

This  section  added  by  L.  1896,  c.  928. 

§  348j .  The  Treasurer  of  said  city  shall  be  the  custodian 
of  said  fund,  and  he  shall  execute  a  bond  to  the  city  with 
good  and  sufficient  s(>cvu"ities  to  be  approved  by  said 
board  of  trustees,  conditioned  for  the  faithful  perform- 
ance of  the  duties  of  his  office.  Such  bond  shall  be  filed 
in  the  officer  of  the  Clerk  of  the  city,  and  in  case  of  a 
breach  of  the  same  or  the  conditions  thereof,  suit  may  be 
brought  on  the  same  in  the  name  of  said  city  for  the  use 
of  said  board  or  of  any  pei'son  or  persons  injured  by  such 


Title  XIII.]  REVISED    CITY    CHARTER.  201 

breach.    The  said  Treasurer  shall  report  to  the  said 
board  of  trustees  the  amount  and  condition  of  said  fund 
on  June  thirtieth  of  each  year. 
This  section  added  by  L.  1896,  c.  928. 


TITLE  XIII. 


DEPARTMENT  OF  POOR. 


§  349.  There  shall  be  a  Department  of  Poor,  of  which 
the  Overseer  of  the  Poor  shall  be  the  head.  He  shall 
be  elected  as  provided  by  this  act,  and  shall  hold  office 
for  the  term  of  four  years. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  20. 

The  amendment  changed  the  term  of  office  from  three  to  four 
years. 

§  350.  The  Overseer  shall  have  charge  and  control  of 
all  expenditures  of  money  by  the  city  for  the  relief  of 
the  poor. 

§  351.  The  overseer  shall  appoint,  and  may  at  pleas- 
ure remove  such  subordinates  as  the  Common  Council 
may  by  ordinance  provide  for,  and  the  salaries  of  such 
subordinates  shall  be  fixed  by  ordinance  of  the  Common 
Council. 

§  352.  The  Overseer  shall  keep  full  records  of  all  ap- 
pHcations  for  city  aid  or  rehef,  in  suitable  books  to  be 
provided  for  that  purpose,  and  to  be  properly  tabulated 
and  indexed.  He  shall  grant  no  aid  or  relief  until  after 
a  strict  investigation,  made  as  hereinafter  provided,  ex- 
cept in  case  the  Overseer  is  satisfied  that  life  or  health 
will  be  endangered  by  any  delay,  and  in  that  event  aid 
must  be  furnished  immediately,  and  the  investigation 
made  within  twenty-four  hours.  The  PoHce  Depart- 
ment, on  the  requisition  of  the  Overseer,  shall  detail  not 
less  than  two  or  more  than  four  special  policemen  in  each 
year,  for  conducting  such  investigation,  and  other  sei'v- 


202  REVISED    CITY    CHAKTKH.  [Titlt   XIIL 

ices  ill  the  Department  of  Poor,  and  the  expenses  of 
such  police  investigators,  including  necessary  car  fares 
and  stationeiy,  shall  be  ex])enses  of  the  Department  of 
Police,  and  estimated  and  defraj'ed  as  such.  The  police 
investigators  shall  be  chosen  with  regard  to  their  special 
fitness  for  such  work.  In  all  cases  of  application  for 
aid  or  relief,  the  police  investigators  shall,  under  the 
direction  of  the  Overseer,  immediately  investigate  and 
report  with  recommendation  to  the  Overseer  and  to  the 
superintendent  of  police.  It  shall  be  the  duty  of  the 
Overseer  to  ascertain  in  each  case  whether  such  apphcant 
will  become  a  permanent  charge  upon  the  city,  and,  if 
so,  to  certify  the  same  in  the  proper  book  of  records, 
whereupon  the  necessary  steps  shall  be  taken  by  him  to 
cause  such  applicant  to  be  placed  in  the  proper  abode 
provided  by  law.  The  primaiy  investigation  in  cases 
requiring  hospital  aid  or  treatment  may  be  made  by  a 
city  physician,  in  place  of  a  police  investigator,  and  his 
report  shall  be  sufhcient.  The  Overseer  may  make  such 
further  personal  examination  in  any  case  as  he  deems 
expedient,  and  may,  in  his  discretion,  refuse  assistance 
in  any  case.  The  Overseer  may  grant  assistance,  except 
hospital  treatment,  to  persons  contrary  to  the  report  of 
the  investigating  ofhcer,  but  in  all  such  cases  he  shall 
enter  fully  in  his  records  his  reasons  for  so  doing.  No 
person  shall  receive  assistance  continuously  for  more 
than  six  months  succeeding  the  report  of  an  hivesti- 
gating  officer,  without  a  rchivestigation  and  new  report 
made  in  like  manner  as  is  hereinbefore  provided, 

§  353.  Except  in  case  of  extreme  exigency,  the  causes 
for  which  shall  be  fully  entered  in  the  Overseer's  records, 
and  then  for  not  more  than  the  period  of  one  month,  it 
shall  not  be  lawful  for  the  Overseer  to  grant  aid  or  relief 
to  any  person  with  whose  support  the  city  is  not  charge- 
able under  the  general  poor  laws  of  the  state;  but  he 
shall  refer  all  such  persons  to  the  proper  state  or  county 
officer. 


II 


Title  XIII.]  EEVISED   CITY   CHARTER.  203 

§  354.  The  Overseer  shall  prepare  monthly  a  full 
statement  showing  the  amount  and  kind  of  assistance 
granted  during  the  previous  month.  He  shall  make  a 
report  to  the  Common  Council  prior  to  the  third  day 
of  January  in  each  year,  which  shall  contain  a  summary 
of  such  monthly  statements.  The  monthly  statements, 
the  reports  of  the  uivestigating  officers,  and  all  the  books 
and  records  pertaining  to  the  department  shall  be 
systematically  kept,  and  shall  be  open  for  examination 
at  all  times  by  any  taxpayer  of  the  city,  and  by  officers 
of  the  PoHce  Department,  and  the  names  and  residences 
of  all  persons  reheved,  with  other  pertinent  facts,  shall 
be  kept  in  such  books  and  records.  The  Overseer  shall 
also  furnish  to  the  Mayor  a  daily  report  of  the  aid  and 
relief  granted  by  him,  with  the  names  and  addresses  of 
all  recipients. 

Thus  amended  by  L.  1892,  c.  72. 

The  amendment  required  the  annual  report  to  be  furnished 
before  January  third,  instead  of  January  thirtieth  as  formerly. 

§  355.  No  order  for  aid  and  reUef  of  any  kind  shall  be 
given  to  any  person  under  the  age  of  thirteen  years  at 
the  office  of  the  Overseer,  whether  it  be  for  that  person 
or  for  any  other  person;  nor  shall  any  such  order  be  so 
given  to  any  person  of  thirteen  years  or  over  and  under 
the  age  of  eighteen  years,  unless  the  Overseer  shall  be 
satisfied  that  great  hardship  would  be  caused  by  any 
delay  in  giving  such  order,  and  in  that  event  he  shall 
make  special  entries  in  his  books  of  the  facts  bearing  on 
the  question,  as  stated  to  him  at  the  time,  and  also  as 
disclosed  by  an  investigation  which  shall  immediately 
be  made. 

Thus  amended  by  L.  1892,  c.  72. 

The  amendment  added  all  after  the  middle  of  the  fourth  line. 

§  356.  The  aid  and  reUef  granted  under  this  title  shall 
be  classified  as  follows :  (a)  Orders  for  provisions,  boots 
and  shoes,  fuel,  and  other  necessary  articles  to  be  fur- 
nished to  applicants  requiring  temporaiy  aid,  designated 


204  RKVISED    CITY    CHARTER.  [Title  XIII. 

"outd(X)r  aid."  (b)  Burial  orders,  (c)  Orders  for  hos- 
pital aid  or  treatment,  designated  ''indoor  relief."  In- 
door relief  in  abodes  provided  by  law  for  cases  re((uiring 
permanent  assistance  shall  be  granted  only  liy  the 
Superintendent  of  the  Poor  of  p]rie  County,  or  other 
proper  state  or  county  officer  under  the  general  laws  of 
the  state,  and  all  cases  requiring  such  ivlief  shall  be  re- 
ferred by  the  Overseer  to  the  proper  state  or  county 
officer. 

§  357.  Orders  for  hosj^tal  aid  or  treatment  shall  only 
be  made  upon  the  recommendation  of  a  city  physician, 
specifying  the  nature  of  the  disease  or  injury,  or,  if  the 
exigency  of  the  case  is  such  that  a  formal  recommenda- 
tion cannot  be  obtained  before  the  order  is  given,  the  case 
shall  be  personally  examined,  and  the  order  approved  or 
disapproved  by  a  city  physician  within  forty-eight  hours 
thereafter. 

§  358.  The  Overseer  shall  contract  for  burials,  and 
also  for  furnishing  boots,  shoes,  and  fuel  ujjon  the  orders 
furnished  by  him,  with  suitable  persons,  under  ordi- 
nances to  be  enacted  by  the  Common  Council. 

§  359.  Orders  of  the  Overseer  for  provisions,  boots 
and  shoes,  or  fuel,  or  other  outdoor  aid,  shall  specify 
what  nature  of  articles  shall  be  furnished  on  the  same, 
and  the  value  thereof.  Except  where  contracts  have 
been  made  as  provided  in  the  foregoing  section,  the  order 
shall  be  drawn  in  blank  as  regards  the  person  or  firm 
drawn  upon,  and  they  shall  be  valid  evidence  of  in- 
debtedness against  the  city  in  the  hands  of  the  person 
or  firm  who  shall  accept  and  fill  the  same. 

§  360.  It  shall  be  a  misdemeanor  for  any  person  or 
firm  to  furnish  beer,  liquors,  or  intoxicating  drinks  of  any 
kind  on  an  order  of  the  Overseer  of  the  Poor,  or  to  buy 
such  order  from  the  person  to  whom  it  was  issued,  or 
from  any  other  person,  before  it  has  been  accepted  and 
filled,  or  to  furnish  any  article  not  specified  or  embraced 


Title  XIII.]  REVISED    CITY    CHARTER.  205 

therein.  Such  orders  shall  be  drawn  with  proper  blank 
spaces  for  the  following  entries,  which  shall  be  made 
thereon  by  the  person  accepting  and  filhng  them:  (1) 
name  of  the  person  presenting  the  order;  (2)  the  name 
of  the  person  accepting  it ;  (3)  the  amount  and  kind  of 
articles  furnished,  with  the  prices  thereof;  and  they  shall 
in  all  cases  be  returned  by  the  acceptor,  or  his  agents  or 
assigns,  to  the  Overseer,  to  be  examined  by  him,  and 
entered  in  his  books  of  records,  and  to  be  countersigned 
by  him  before  they  shall  be  paid  by  the  City  Treasurer. 

§  361.  The  city  physicians  appointed  under  section 
two  hundred  and  thirty-four  of  this  act  shall  render  all 
necessary  medical  services  to  indigent  sick  persons  within 
their  respective  districts,  under  rules  and  regulations 
prescribed  by  the  Overseer  of  the  Poor,  and  approved  by 
the  Board  of  Health,  and  subject  to  his  directions.  The 
officers  in  charge  of  the  several  poUce  precincts  of  the 
city  may  issue  to  the  several  city  physicians  orders  to 
visit  any  indigent  sick  person  residing  within  their 
respective  districts,  and  it  shall  be  the  duty  of  said  city 
physician  to  so  visit  any  such  person  upon  receiving 
such  order,  and  any  indigent  sick  person  may  apply  to 
any  officer  in  charge  of  a  police  precinct  for  such  an 
order. 

§  362.  The  Overseer  shall  furnish  the  city  physicians 
with  official  prescription  blanks,  which  shall  be  used  by 
the  city  physicians  in  prescribing  medicines  for  the  indi- 
gent sick  attended  by  them  on  the  order  of  the  Overseer 
or  the  officers  in  charge  of  the  several  poHce  precincts, 
under  mles  and  regidations  prescribed  by  the  Overseer, 
Said  prescription  blanks  shall  be  signed  by  the  physician 
issuing  them,  and  shall  have  the  same  force  and  effect, 
and  be  accepted  and  filed*  in  the  same  manner,  and 
shall  be  retvimed  and  paid  in  the  same  manner  as  orders 
of  the  Overseer  for  provisions  issued  under  section  three 
hundred  and  fifty-nine  of  this  act.     Such  prescriptions 


206  REVISED   CITY   CHARTER.  [Title  XIV. 

shall  be  returned  to  the  Overseer  of  the   Poor   Avithiii 
thirty  days  for  payment. 

*So  in  the  original;  should  be  "filled." 

§  363.  The  city  physicians  shall  furnish  to  the  Over- 
seer reports  weekly,  and  whenever  required  by  the  Over- 
seer, of  the  names  and  addresses  of  all  persons  attended 
by  them,  with  the  nature  of  their  ailments,  the  number 
of  visits  made  to  each,  and  the  number  and  kind  of  pre- 
scriptions given  to  them. 

§  364.  Any  fraud  practiced  or  false  representation 
made  by  an  applicant  for  city  aid  or  reUef,  or  by  any 
other  person,  to  procure  aid  or  rehef  to  be  given,  or  to 
procure  any  order  for  outdoor  aid  to  be  accepted  or 
filled,  or  to  be  paid  by  the  city,  or  any  willful  act  of  any 
city  officer  or  other  person,  designed  to  impede  or  in  any 
way  to  interfere  with  the  just  and  proper  administration 
of  this  department  shall  be  a  misdemeanor. 


TITLE  Xiy. 

WARD  OFFICERS  AND  THEIR  POWERS. 

§  365.  The  electors  of  each  ward  shall  elect  one 
Supervisor  and  one  Constable,*and  in  addition  the  elec- 
tors-of  the  twenty-fifth  ward  shall  elect  a  justice  of  the 
peace  for  the  term  of  four  years,  who  shall  have  and 
execute  m  said  ward  the  powers  conferred  by  law  upon 
justices  of  the  peace  in  towns,  but  in  civil  actions  and 
proceedings  he  shall  have  jurisdiction  only  when  the  de- 
fendant is  a  nonresident  of  the  city  at  the  time  the  action 
or  proceeding  is  commenced,  or  when  the  plaintiff  and 
defendant  both  reside  in  the  twenty-fifth  ward.  The 
term  of  office  of  the  Supervisor  and  Constable  shall  be 
two  years.  Constables  shall  have  the  same  powers  as 
constables  of  towns,  except  in  criminal  cases. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  21. 


Title  XV. '\  REVISED    CITY   CHARTER.  207 

♦Superseded  by  L.  1898,  c.  189.  Section  1  of  this  act  amended 
Section  385  of  the  Charter  by  increasing  the  number  of  justices  of 
the  peace  for  the  city  from  two  to  three.  Section  2  of  the  act 
aboUshed  the  office  of  justice  of  the  peace  for  the  twenty-fifth  ward, 
but  did  not  change  the  language  of  Section  365  of  the  Charter. 

§  366.  This  section  which  provided  for  the  choice  of 
inspectors  of  election  is  omitted  because  it  has  been 
superseded  by  L.  1896,  c.  909,  sec.  12,  which  vests  in  the 
Mayor  the  appointment  of  these  officers. 

§  367.  The  Alderman  and  Supervisor  of  each  ward 
shall,  in  their  ward,  possess  the  powers  of  town  fence 
viewers, 

§  368.  The  supervisors  shall  have  the  same  powers  as 
supervisors  of  the  towns  of  Erie  County. 


TITLE  XV. 


ELECTIONS. 


§  369.  The  term  of  all  officers  elected  under  this  act 
shall  commence  on  the  first  day  of  January  after  their 
election,  except  that  the  terms  of  officers  elected  to  fill 
vacancies  shall  commence  as  soon  as  they  have  qualified, 
unless  herein  otherwise  provided.  All  elective  officers 
now  in  office  shall  continue  to  hold  office  until  their 
terms  will  expire  under  the  act  hereby  amended,  as 
modified  by  section  three  of  article  twelve  of  the  consti- 
tution of  the  state  of  New  York.  Successors  to  all  elec- 
tive officers  shall  be  chosen  at  the  municipal  election 
held  next  precedmg  the  expiration  of  their  term  of  office. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  22. 

The  amendment  substituted  the  first  day  in  place  of  the  first 
Monday  of  January,  and  added  all  after  the  first  sentence. 

§  370.  The  municipal  and  ward  elections  shall  be  held 
on  the  Tuesday  succeeding  the  first  Monday  of  Novem- 
ber in  each  odd-numbered  year. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  23. 


208  REVISED    CITY    CHAUTEK.  [Title  XV. 

This  section  originally  read:  "The  annual  city  and  ward 
election  shall  be  held  on  the  same  day  with  the  state  general  elec- 
tion." 

§  371.  The  City  Clerk  shall  publish  in  the  official 
paper,  and  in  three  other  daily  newspapers  of  the  city, 
one  of  which  shall  be  printed  in  the  German  language,  a 
notice  of  every  election  to  be  held  under  this  act.  The 
notice  shall  be  published  twice  a  week  for  three  weeks, 
prior  to  the  election,  and  shall  specify  the  day  on  which 
the  election  is  to  be  held,  the  time  of  openuig  and  clos- 
ing the  polls,  the  officers  to  be  elected,  the  boundaries 
of  the  several  election  districts,  and  the  places  of  holdmg 
the  polls  therein. 

§  372.  In  each  district  for  the  election  of  officers  under 
this  act  there  shall  be  a  ballot-box  and  other  boxes  re- 
quired by  the  general  election  laws  of  the  state.  Upon 
the  closing  of  the  polls  the  inspectors  shall  forthwith, 
without  adjournment,  canvass  the  votes,  and  shall  make 
and  certify  statements  of  the  result  in  the  manner  re- 
quired by  the  general  ek^ction  laws  of  the  state.  Sepa- 
rate returns  as  to  city  officers  voted  for,  including  *judges 
of  the  Superior  Court  of  Buffalo,  shall  be  filed  by  said 
inspectors  in  the  office  of  the  City  Clerk  on  the  day  next 
succeeding  the  election. 

*Superior  Court  abolished  by  Constitution  of  the  State, 
adopted  in  1894. 

§  373.  On  the  second  Monday  after  evciy  annual  elec- 
tion, the  Board  of  Aldermen  shall  convene  at  its  usual 
place  of  meeting  at  two  o'clock  in  the  afternoon,  when 
the  City  Clerk  shall  lay  before  it  the  certificates  of  the  in- 
spectors of  election  filed  with  him,  and  a  tabular  state- 
ment of  their  results,  and  the  Board  of  Aldermen  shall 
forthwith  canvass  the  returns,  and  determine  therefrom 
and  certify  \\  ho  received  the  largest  number  of  votes  and 
are  elected  to  the  several  offices.  The  said  certificates 
shall  be  made  in  duphcate,  one  of  which  shall  be  filed  in 
the  office  of  the  clerk  of  Er.e  County,  and  the  other  shall 
be  filed  and  recorded  in  the  office  of  the  City  Clerk. 


Title  XV.]  REVISED    CITY    CHARTER.  209 

§  374.  If  a  vacancy  exist  or  occur  in  any  elective 
office  in  the  city,  or  in  any  ward,  except  that  of  Mayor, 
Councilman,  Alderman  or  Supervisor,  it  shall  within  ten 
days  be  filled  by  appointment  by  the  Mayor,  until  and 
including  the  thirty-first  day  of  December  after  the  next 
general  municipal  election,  at  which  election  such  vacan- 
cy shall  be  filled  for  the  unexpired  term.  If  a  vacancy 
exist  or  occur  in  the  office  of  Alderman  or  Supervisor,  it 
shall  be  filled  by  the  Common  Council  at  a  joint  session 
of  the  boards  composing  the  same  by  a  viva  voce  vote. 
A  joint  session  for  such  purpose  shall  be  called  by  the 
Mayor.  The  term  of  the  Alderman  or  Supervisor  so 
elected  to  fill  such  vacancy  shall  continue  until  and  in- 
cluding the  thirty-first  day  of  December  after  the  next 
general  municipal  election,  at  which  election  an  Alder- 
man or  Supervisor  shall  be  elected  to  fill  the  unexpired 
term.  An  Alderman  or  Supervisor  so  elected  by  the 
Common  Council  to  fill  a  vacancy  shall  be  a  resident  of 
the  ward  in  which  the  vacancy  occurs,  and  the  person  so 
elected  by  the  Common  Council  must  be  of  the  same 
political  party  as  the  Alderman  or  Supervisor  whose  place 
he  is  elected  to  fill.  If  a  vacancy  exist  or  occur  in  the 
office  of  Councilman,  it  shall  be  filled  by  election  by  the 
Board  of  Councilmen  until  and  including  the  thirty-first 
day  of  December  after  the  next  general  municipal  elec- 
tion, at  which  election  a  Councilman  shall  be  elected  to 
fill  the  unexpired  term.  If  a  vacancy  exist  or  occur  in 
the  office  of  Mayor,  the  president  of  the  Board  of  Coun- 
cilmen shall  act  as  Mayor,  and  possess  all  the  rights  and 
powers,  and  perform  all  the  duties  of  Mayor  until  and 
including  the  thirty-first  day  of  December  after  the  next 
general  municipal  election,  at  wiiich  election  a  Mayor 
shall  be  elected  to  fill  the  unexpired  term.  While  acting 
as  Mayor,  the  president  of  the  Board  of  Councilmen  shall 
not  serve  as  a  member  of  the  Board  of  Councilmen, 

Thus  amended  by  L.  1895,  c.  805,  Sec.  24;  L.  1902, 
c.  512,  and  L.  1905,  c.  51. 


210  REVISED    CITY    CHARTER,  [7'itle  XVL 

A  vacancy  in  the  office  of  Councilman  has  always  been  tempo- 
rarily filled  by  vote  of  th(>  Board  of  C'ouncilmen.  A  vacancy  in  the 
office  of  Commissioner  of  Pul)lic  Works  has  always  been  temporarily 
filled  by  appointment  by  the  Mayor.  A  vacancy  in  any  other 
elective  offia"  (except  Alderman)  was  temporarily  filled,  prior  to 
1902,  by  viva  voce  vote  of  the  Common  Council  in  joint  session. 
These  temporary  elections  or  appointments  originally  held  until 
the  first  Monday  in  January  after  tlie  next  election;  the  amendment 
of  1895  provided  that  they  should  hold  until  the  next  thirty-first 
day  of  December  of  an  odd-numbered  year.  Prior  to  1902,  a  special 
election  in  the  ward  was  held  to  fill  any  vacancy  in  the  office  of 
Alderman. 

The  law  of  1902  put  the  section  into  the  present  form,  except 
for  a  provision  that  the  President  of  the  Common  Council  should 
act  as  Mayor  in  case  of  a  vacancy  in  that  office.  The  law  of  1905 
changed  the  succession  from  President  of  the  Common  Council 
to  President  of  the  Board  of  Councilmen. 

§  375.  Elections  held  under  this  act  shall  be  governed 
by  the  general  election  laws  of  the  state,  *where  they  are 
not  inconsistent  with  the  provisions  of  this  act. 

♦Remainder  of  this  section  superseded  by  L.  1896,  c.  909, 
the  Election  Law.  The  general  law  now  prevails  over  Charter 
provisions. 


TITLE  XVI. 


HARBOR   MASTER. 


§  376.  There  shall  be  a  Harbor  Master,  who  shall  be 
appointed  by  the  Mayor,  and  hold  his  office  for  the- 
term  of  two  years,  and  shall  have  an  office  near  the  foot 
of  Main  Street,  and  shall  be  in  daily  attendance  therein. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  25. 

This  amendment  changed  the  term  of  office  from  three  years 
to  two. 

§  377.  The  Harbor  Master  shall  have  jurisdiction  over 
all  navigable  waters  under  the  control  of  the  city.  He 
shall  have  authority  to  direct  the  location  and  change  of 
station  of  eveiy  steamboat,  sailing  vessel,  float  or  other 
craft  therein,  and  shall  enforce  the  ordinances  of  the  city 
regulating  the  use  of  such  waters.  In  case  any  steam- 
boat, sailing  vessel,  float  or  other  craft  shall  be  so  placed 
as  to  obstruct  navigation,  and  the  person  in  charge 


Title  XV 11.]  REVISED    CITY   CHARTER,  211 

thereof  shall  refuse  to  remove  it  as  directed,  the  Harbor 
Master  shall  cause  such  removal  to  be  made,  and  the  ex- 
pense shall  be  a  hen  on  the  steamboat,  vessel,  or  float  so 
removed,  and  may  be  recovered  by  the  city  of  the  owner 
by  action. 

§  378.  He  shall  enforce  the  ordinances  relating  to  the 
navigable  waters  of  the  city.  He  shall  report  to  the 
Corporation  Counsel  all  violations  of  such  ordinances,  and 
all  cases  of  disobedience  to  his  lawful  order,  and  the  Cor- 
poration Counsel  shall  thereupon  bring  an  action  to  en- 
force the  fine  or  penalty  prescribed  for  such  violation  or 
disobedience. 

§  379.  The  Harbor  Master  shall  have  the  exclusive 
disposition  and  sale  of  the  right  and  privilege  to  cut  and 
remove  all  ice  formed  upon  the  waters  under  the  juris- 
diction of  the  city;  and  all  moneys  received  by  him 
therefor  shall  be  paid  to  the  City  Treasurer,  and  a  report 
thereof  be  made  by  him  to  the  Common  Council. 

§  380.  Whenever  any  smiken  vessel  or  wreck  shall 
obstruct  the  navigation  of  any  navigable  water  under  the 
control  of  the  city,  the  Harbor  Master  shall  order  the 
owner  or  person  in  charge  of  such  sunken  vessel  or 
wreck,  to  remove  the  same  at  once;  and,  in  case  his 
order  is  not  obeyed,  he  shall  cause  the  removal  to  be 
made,  and  the  expense  thereof  shall  be  a  lien  upon  the 
vessel  or  wreck  so  removed,  and  may  be  recovered  by 
the  city,  of  the  owner,  by  action. 

§  381 .  The  Harbor  Master  may  call  upon  the  Board  of 
Police  for  such  aid  to  execute  his  orders  as  he  may  re- 
quire, and  the  board  shall  furnish  such  assistance . 


TITLE  XVn. 

POLICE    JUSTICE    AND    JUSTICES. 

§  382 .    There  shall  be  elected  a  Police  Justice,  who 
shall  hold  his  office  for  the  term  of  four  years,  and  who 


212  RKVISKD    riTV    CHARTER.  [Title  XVII. 

shall  have  and  execute  in  the  city  all  powers  conferred  by 
law  upon  justices  of  the  peace  of  towns,  in  proceedings 
in  criminal  cases,  and  in  the  execution  of  the  laws  relat- 
ing to  the  internal  police  of  this  state,  and  shall  also  have 
jurisdiction  of  the  offenses  designated  by  chapter  four 
hundred  and  nine  of  the  laws  of  eighteen  hundred  and 
eighty-six.  He  shall  take  the  usual  oath  of  office  and 
file  the  same  with  the  Clerk  of  the  county  of  Erie.  He 
shall  hold  in  the  city  a  court,  which  shall  be  called  the 
police  court,  and  shall  have  in  respect  to  offenses  com- 
mitted in  the  city,  all  the  pow-ers  and  jurisdiction  con- 
ferred by  law  upon  courts  of  special  sessions  held  out 
of  the  city  and  county  of  New  York .  It  shall  also  have 
jurisdiction  of  the  misdemeanors  mentioned  in  this  act. 

All  fines  imposed  by  the  Police  Justice  or  by  the  pohce 
court  shall  be  paid  by  the  officer  who  shall  receive  them 
into  the  city  treasuiy.  The  Police  Justice  shall  make  a 
monthly  report  to  the  Common  Council  of  his  doings,  and 
of  the  fines  received  by  him.  Warrants  issued  in  crimi- 
nal cases,  and  in  the  execution  of  the  laws  relating  to  the 
internal  police  of  this  state,  shall  be  returnable  before  the 
Police  Justice,  w^ho  shall  proceed  with  the  hearing.  No 
person  issuing  such  warrant  shall  receive  any  fee  therefor. 
During  the  sickness,  temporary  absence,  or  other  in- 
ability of  the  Pohce  Justice  to  discharge  his  duties,  the 
Mayor  may  perform  his  duties,  or  may  appoint  an  elector 
of  the  city  to  perform  them.  Said  Pohce  Justice  may  be 
removed  from  office  by  the  Supreme  Court,  at  a  general 
term,  as  prescribed  by  the  Code  of  Criminal  Procedure. 

§  383.  The  Police  Justice  shall  be  paid  in  monthly 
payments,  an  animal  salary,  to  be  fixed  by  ordinance, 
by  the  Common  Council;  and  shall  not  receive  any  other 
fees  or  compensation  for  services  as  Police  Justice. 

§  384.  The  Police  Justice  shall  appoint  a  clerk  and  a 
deposition  clerk,  which  appointments  shall  be  in  writing 
and  filed  with  the  Clerk  of  the  county  of  Erie.     The  clerk 


Title  XVII.]  REVISED    CITY    CHARTER.  213 

appointed  under  this  act  shall  take  the  usual  oath  of 
office  and  file  the  same  with  the  County  Clerk,  and  shall 
hold  office  during  the  pleasure  of  the  Police  Justice. 
The  clerk  shall  keep  a  complete  and  accurate  record  of 
all  the  proceedings  in  said  court,  and  of  all  moneys  re- 
ceived or  fines  imposed.  He  shall  daily  file  with  the 
Clerk  of  the  county  of  Erie  records  of  all  convictions  in 
said  court,  which  records  shall  specifically  state  the  crime 
and  plea  of  each  person  convicted  in  said  court.  He 
shall  prepare  the  monthly  report  to  the  Common  Council 
prescribed  in  section  three  hundred  and  eighty-two  of 
this  act,  and  shall  perform  such  other  clerical  duties  in 
connection  with  the  proceedings  of  said  court  as  shall  be 
prescribed  by  the  PoHce  Justice. 

§  384a.  The  Police  Justice  shall  appoint  a  stenog- 
rapher, which  appointment  shall  be  in  writing,  and  filed 
with  the  Clerk  of  the  county  of  Erie.  The  stenographer 
appointed  under  this  act  shall  take  the  usual  oath  of 
office  and  file  the  same  with  the  County  Clerk,  and  shall 
be  the  "official  stenographer  of  the  pohce  court  during  the 
pleasure  of  the  PoUce  Justice.  He  shall  also  act  as  pri- 
vate clerk  to  the  PoHce  Justice.  In  an  examination  held 
in  any  criminal  proceeding  by  the  PoUce  Justice,  the 
testimony  of  each  witness  may,  in  the  discretion  of  the 
said  Pohce  Justice,  be  taken  as  a  deposition  by  the  official 
stenographer  of  his  court.  Such  minutes  of  the  testi- 
mony when  so  taken,  and  when  certified  by  the  stenog- 
rapher and  Police  Justice,  shall,  both  with  reference  to 
such  examination,  and  in  all  procedure  in  connection 
with  such  examination  provided  for  by  any  section  of  the 
Code  of  Criminal  Procedure  not  inconsistent  herewith, 
be  regarded  as  actually  taken  down  in  writing  by  such 
magistrate,  and  subscribed  by  the  witness  or  witnesses 
at  such  examination.  The  salary  of  such  stenographer 
shall  be  fixed  by  the  Common  Council,  and  shall  not 
exceed  twelve  hundred  dollars  per  year. 

This  section  added  by  L.  1900,  c.  466,  thus  amended 
by  L.  1904,  c.  555. 


214'  REVISED   CITY   CHARTER.  [Title  XVII. 

The   amendment   of   1904   increased   the   limit    of  the  stenog- 
rapher's salary  from  $900  to  $1200. 

§  384b.  Probation  Officers. — The  Police  Justice 
shall  have  authority  to  appoint  or  designate  not  more  than 
ten  discreet  persons  of  good  character  to  serve  as  proba- 
tion officers  during  the  pleasure  of  the  PoHce  Justice; 
said  probation  officers  to  receive  no  compensation  from 
the  public  treasury.  Whenever  any  child  under  or 
apparently  under  the  age  of  sixteen  years  shall  have  been 
arrested,  it  shall  be  the  duty  of  said  probation  officers  to 
make  such  investigation  as  may  be  required  by  the  court, 
to  be  present  in  court  in  order  to  represent  the  interests 
of  the  child;  when  the  case  is  heard,  to  furnish  to  the 
PoHce  Justice  such  information  and  assistance  as  he  may 
require,  and  to  take  charge  of  any  child  before  and  after 
trial  as  may  be  directed  by  the  court. 

This  section  added  by  L.  1901,  c.  627,  thus  amended 
by  L.  1902,  c.  549. 

The  amendment  increased  the  authorized  number  of  probation 
officers  from  five  to  ten. 

§  384c.  \yhenever  any  such  child  is  found  guilty  or 
pleads  guilty  to  the  commission  of  any  crime  or  misde- 
meanor before  the  Pohce  Justice,  the  said  Police  Justice 
may  in  his  discretion  suspend  sentence  during  the  good 
behavior  of  the  child  so  convicted.  The  child  so  con- 
victed may  be  placed  in  the  care  of  said  probation  officer 
for  such  time  not  to  exceed  three  months,  and  upon  such 
conditions  as  may  seem  proper.  Such  time  may  be  ex- 
tended one  or  more  additional  terms,  not  exceeding  three 
months  each,  by  the  police  justice  in  his  discretion. 
Said  probation  officers  shall  have  the  power  to  bring  the 
child  so  convicted  before  the  PoHce  Justice  at  any  time 
dm'ing  the  probation  for  such  disposition  as  may  be 
just.  When  practicable,  said  child  shall  be  placed 
with  a  probation  officer  of  the  same  religious  faith  as  that 
of  the  child's  parents. 

This  section  added  by  L.  1901,  c.  627,  thus  amended 
by  L.  1902,  c.  549. 


Title  XVII.'l  REVISED    CITY    CHARTER.  215 

The  act  of  1901  authorized  only  one  three  months'  period  of 
probation,  after  which  control  over  the  child  ceased.  The  amend- 
ment of  1902  authorized  extensions  of  this  period. 

§  384d.  The  Police  Justice  shall  appoint  an  inter- 
preter of  the  Italian  and  PoHsh  languages,  which  ap- 
pointment shall  be  in  writing  and  filed  with  the  Clerk 
of  the  county  of  Erie.  The  interpreter  under  this  act 
shall  take  the  usual  oath  of  office  and  file  the  same  with 
the  County  Clerk.  He  shall  be  the  official  interpreter  for 
the  said  Italian  and  Polish  languages  in  proceedings  be- 
fore said  pohce  court  and  justice  during  the  pleasure  of 
the  Pohce  Justice,  and  shall  perform  such  other  duties  as 
shall  be  prescribed  by  said  Police  Justice.  The  salary 
of  such  interpreter  shall  be  fixed  by  the  Common  Council 
of  the  city  of  Buffalo. 

This  section  added  by  L.  1907,  c.  651. 

§  385.  There  shall  be  three  Justices  of  the  Peace,, 
elected  by  the  electors  of  the  city  of  Buffalo  on  the 
general  city  ticket  as  hereinafter  provided.  The  terms 
of  office  of  each  shall  be  four  years  commencmg  on  the 
first  day  of  Januaiy  next  succeeding  the  election  of  each. 
The  present  Justices  of  the  Peace,  in  said  city,  together 
with  the  Justice  of  the  Peace  elected  in  and  for  the 
twenty-fifth  ward  shall  be  the  three  justices  herein  pro- 
vided for,  and  shall  constitute  a  Board  of  Justices  to  the 
Police.  This  Board  shall  on  or  before  the  first  day  of  the 
month  next  following  the  passage  of  this  act,  and  there- 
after on  the  first  day  of  each  year,  or  oftener,  if  necessary, 
apportion  the  station-houses  of  the  city  into  three  dis- 
tricts. As  nearly  as  practicable  such  division  shall  be 
made  in  such  manner  that  the  amount  of  business  to  be 
transacted  in  the  several  districts  shall  be  equal.  Said 
Board  shall  assign  from  its  members  a  Justice  of  Pohce 
to  each  one  of  said  districts  for  the  remainder  of  said 
month,  and  for  each  month  thereafter,  whose  duty  it 
shall  be  to  attend  the  police  station-houses  in  their  re- 
spective districts  at  the  hour  prescribed  by  the  Police 
Department,  and  examine  into  the  case  of  every  person 


216  KKVISED    CITY    CHARTKH.  [Title  AT//. 

confined  therein  and  make  delivery.  Such  assignments 
shall  be  so  arranged  that  each  Justice  shall  attend  a 
different  district  each  month,  and  an  equal  number  of 
times  at  each  of  the  districts  during  the  year.  A  Justice 
of  the  Peace  shall  be  elected  hereafter  on  the  general  city 
ticket  at  the  municipal  election  preceding  the  first  Mon- 
da}^  in  January  in  each  year  when  the  term  of  any  Justice 
of  the  Peace  herein  provided  for  shall  expire.  Said 
Justices  shall  have  power  to  try  cases  of  drunkenness, 
vagrancy,  and  all  other  offenses  against  any  of  the  laws 
of  the  state  or  the  ordinances  of  the  city  of  Buffalo,  "^  hich 
may  be  tried  summarily  and  without  a  juiy,  by  a  Justice 
of  the  Peace  or  a  court  of  special  sessions,  committed  by 
any  person  confined  in  the  station-house,  and  to  sentence 
every  person  found  guilty  of  any  such  offense  pursuant 
to  the  statute  or  ordinance  creating  such  offense.  In 
all  other  cases  such  Justices  shsll  have  and  possess  such 
powers  and  jurisdiction  '^s  are  prescribed  m  this  act. 
Each  of  said  Justices  shall  execute  a  bond  to  the  city  of 
Buffalo,  with  sufficient  sureties  to  be  approved  by  the 
Mayor  for  the  faithful  ])crformance  of  his  duty,  and  for 
the  accounting  for  and  pj  ying  over  all  fines  and  penj  Ities 
received  by  him  as  such  Justice,  in  such  sums  as  the 
Common  Council  shall  require.  All  suits  or  actions 
brought  on  said  bonds  shall  be  in  the  nrme  of  the  city 
of  Buffalo.  The  salaries  of  the  said  Justices  and  of  the 
Justice  elected  in  and  for  the  t^^  enty-fifth  a\  ard,  sh  11  be 
fixed  by  the  Common  Council  in  joint  session  of  the 
Boards  thereof  immediately  after  the  p  ss"ge  of  this 
act,  and  the  same  shall  be  uniform;  such  sal  ries  sh  11  be 
not  less  than  fifteen  hundred  dollars  nor  exceed  the  sum 
of  two  thousand  dollars  per  annum  to  be  paid  from  the 
police  fund  as  other  salaries  are  now  p;iid  therefrom. 
Said  Justices  may  be  removed  or  suspeuded  from 
office  for  misconduct  in  office  or  neglect  of  duty,  by  I  he 
Supreme  Court  at  any  special  term  thereof  held  in  Erie 
County.  The  grounds  for  such  suspension  or  removal 
shall  be  stated,  in  the  order  therefor,  and  no  removal 


Title  XVII.]  REVISED    CITY   CHARTER.  217 

shall  be  made  without  reasonable  notice  to  the  Justice 
complained  of,  and  an  opportunity  given  him  to  be  heard 
in  his  defense,  as  prescribed  by  the  Code  of  Criminal 
Procedure.  In  case  of  the  sickness,  absence,  or  inability 
of  any  Justice  of  the  Peace,  another  Justice  of  the  Peace 
may  perform  his  duties  during  such  sickness,  absence  or 
inability,  or  the  Mayor  may  temporarily  appoint  any 
elector  of  said  city  for  that  purpose,  and  the  Justice  of 
the  Peace  so  temporarily  appointed  shall  have  all  the 
powers,  and  perform  all  the  duties  of  Justices  under  this 
act.  All  fines  and  penalties  imposed  by  any  or  either  of 
said  Justices,  collected  by  them  or  the  keeper  of  the 
Erie  County  })enitentiary,  or  otherwise,  shall  be  paid 
over  every  week,  by  the  person  receiving  the  same,  to 
the  Treasurer  of  the  city  of  Buffalo,  and  be  by  said  Treas- 
urer credited  to  the  police  fund  of  said  city  for  the  use 
and  benefit  thereof.  The  Pohce  Board  shall  designate  a 
suitable  room  at  every  station-house,  in  which  said 
Justices  of  the  PoUce  shall  hold  court.  While  court  is  in 
session  said  room  shall  be  deemed  a  court  room  for  all 
purposes  thereof.  Such  rooms  shall  be  properly  fur- 
nished, ventilated  and  heated.  The  PoUce  Board  shall 
provide  said  court  room  with  all  necessaiy  legal  blanks, 
stationery,  and  writing  material  as  required  by  said 
Justices.  The  Police  Commissioners  shall  detail  a  com- 
petent member  of  the  police  force  on  duty  at  such  sta- 
tion-houses, whose  duty  it  shall  be  to  act  as  clerk  of  the 
court  when  a  session  thereof  is  being  held,  and  keep  such 
record  of  the  proceedings  as  shall  be  required  by  said 
Justices.  All  the  provisions  of  this  section  shall  be  made 
applicable  to  the  Justices  of  the  Police  and  Justices  of 
the  Peace  in  office  at  the  time  of  the  passage  of  this  act. 
Thus  amended  by  L.  1898,  c.  189,  sec.  1. 

This  amendment  increased  the  number  of  justices  from  two  to 
three  by  adding  the  justice  of  the  peace  for  the  twenty-fifth  ward 
to  the  number  then  serving,  and  providing  for  the  election  of  all 
on  a  general  ticket.  Before  the  amendment  the  schedule  of  assign- 
ments was  made  by  the  Board  of  Police.  The  amendment  also 
vested  the  power  of  removing  justices  in  the  Supreme  Court,  instead 
of  the  Board  of  Police,  and  added  the  provision  requiring  the  Board 
to  designate  a  suitable  court  room,  with  all  that  follows. 


218  REVISED    CITY   CHARTER.  [l^itle  XVII. 

§  386.  If  any  person  confined  in  a  station-house  is 
charged  ^vith  criminal  offense,  the  Justice  shall  enter  the 
charges  in  a  book  to  he  kept  for  that  purpose,  and  send 
such  prisoner  to  the  Police  Justice  for  examination. 

§  386a.  The  Justices  to  the  PoUce  shall  have  juris- 
diction, the  first  instance,  to  hear  and  determine  charges 
of  intoxication  in  a  public  place,  in  violation  of  section 
forty,  chapter  one  hundred  and  twelve  of  the  laws  of 
eighteen  hundred  and  ninety-six,  and  the  laws  amenda- 
tory thereof,  and  to  sentence  every  person  found  guilty 
of  this  misdemeanor  pursuant  to  the  hquor  tax  law  of 
this  state. 

This  section  added  by  L.  1899,  c.  496. 

§  387.  If  ajiy  person  therein  is  charged  with  a  viola- 
tion of  any  ordinance  of  the  city,  the  Justice  shall  enter 
the  charge  in  his  book,  and  read  it  to  the  person  charged, 
and  enter  in  his  book  the  plea  of  such  person  thereto. 
If  such  person  denies  the  charge,  the  Justice,  if  he  deems 
it  expedient,  or  if  the  person  charged  requires  it,  shall: 

1.  If  the  violation  charged  is  punishable  by  fine  only, 
issue  a  warrant  at  the  suit  of  the  city  against  such  per- 
son, returnable  before  the  Municipal  Court  of  Buffalo. 

2.  If  the  violation  charged  is  punishable  by  imprison- 
ment, issue  his  warrant  and  cause  such  person  to  be  taken 
before  the  Police  Justice.  The  Justice  shall  cause  notice 
to  be  given  to  the  Corporation  Counsel. 

§  388.  If  the  Justice  shall  not  issue  a  warrant  as  above 
provided,  he  shall  proceed  sunnnarily  to  hear,  tiy,  and 
determine  the  charge,  and  if  he  shall  find  such  person  to 
be  ginlty,  he  shall  sentence  him  pursuant  to  ordinance. 

§  389.  If  the  Justice  shall  sentence  such  a  person  to 
pay  a  fine,  and  if  it  is  not  paid  immediately,  he  shall,  by 
warrant,  commit  such  person  to  the  penitentiaiy,  there 
to  be  confined  for  the  terai  of  one  day  for  each  and  every 
dollar  of  such  fine,  not  exceeding  six  months,  unless  it 
shall  be  sooner  paid.     If  the  Justice  shall  sent^ice  such 


Title  XVIII.]  EEVISED    CITY   CHARTER.  2l9 

person  to  imprisonment,  he  shall,  by  a  warrant,  commit 
such  person  accordingly. 

§  390.  'When  the  Justice  shall  commit  any  person  he 
shall,  on  the  same  day,  make  and  file  with  the  Clerk  of 
Erie  County  a  record  of  the  conviction  in  which  it  shall 
be  sufficient  to  state  the  charge  so  specifically  as  to  show 
a  violation  of  the  ordinance,  the  plea  of  the  person 
charged,  the  fact  of  conviction,  and  the  judgment. 


TITLE  XVIII. 

PUBLIC  GROUNDS,  STREETS,   AND  WATERS. 

§  391.  The  city  may  lay  out,  enlarge  and  alter  parks, 
public  grounds,  squares,  streets,  alleys,  canals,  basins, 
sHps,  or  other  public  waters,  and  cause  them  to  be  sur- 
veyed, described  and  recorded  in  a  book  to  be  kept  by 
the  City  Clerk. 

§  392.  The  grade  of  each  street  shall  be  established 
and  described,  and  the  description  of  such  grade,  and  of 
all  alterations  thereof,  shall  be  recorded  by  the  C^ty 
Clerk,  No  street  shall  be  worked  untU  the  grade  thereof 
is  estabhshed  and  recorded. 

§  393.  The  streets  shall  be  suitably  divided  into 
carriageways  and  sidewalks. 

§  394.  The  city  may  discontinue  or  contract  a  street 
or  alley,  or  any  part  of  it,  upon  the  written  apphcation  of 
two  thirds  in  number  of  the  owners  of  the  lands  fronting 
on  the  street  or  alley,  the  Uneal  front  of  whose  lands 
shall  constitute  two  thirds  of  the  Uneal  front  of  all  the 
lands  on  the  street  or  alley.  A  continuous  street  or 
alley,  portions  of  which  bear  different  names  is  to  be 
considered  as  a  single  street  or  alley. 

§  395.  The  city  shall  remove  all  encroachments  upon 
projections  over,  and  obstructions  on  the  public  grounds, 


220  i{K\isi;i)  CITY  ciiAijTKr;.  [Title  AT///. 

streets,  alleys  and  whai'vcs,  and  abate  all  nuisances;  and 
cause  the  expense  to  be  assessed  upon  the  lands  upon, 
or  in  front  of  which  such  encroachments,  projection,  ob- 
struction or  nuisance  was,  or  upon  the  parcels  of  land 
))enefited  by  such  removal. 

§  396.  It  may  cause  streets  and  alleys  to  be  opened, 
leveled,  repaired,  cleaned, and  watered;  crosswalks,  cul- 
verts, sewers,  drains,  receivers,  arjueducts,  wharves, 
piers,  canals,  shps,  and  basins  to  be  construct(Hl.  en- 
larged, repaired  and  cleaned. 

§  397.  It  may  cause  any  street  or  alley  to  be  graded 
or  regraded,  graveled  or  regraveled,  macadamized  or  re- 
macadamized,  or  paved  or  repaved.  When  it  is  pro- 
posed to  pave  or  re])ave  any  street  t)r  alley,  plans  and 
quantities  shall  be  prepared  for  doing  tlu;  same  with  each 
kind  of  pavement,  for  the  laying  of  which  specifications 
have  been  filed  by  the  Commissioner  of  Pubhc  Works. 
The  Conmiissioner  of  Public  \\'orks  shall  advertise  for 
bids  for  doing  the  same  in  accordance  with  such  plans, 
specifications,  and  quantities,  and  report  the  same  to  the 
Common  Council.  After  receiving  such  report,  the 
Common  Council  shall  determine  which  kind  of  pave- 
ment shall  be  used,  and  in  case  a  majority  petition  shall 
not  have  been  jjresented,  for  the  kind  so  determined 
upon,  shall  pass  a  resolution  of  intcnition  to  order  the 
street  paved  with  any  kind  of  jjavement  it  may  select. 
The  petition  for  the  paving  or  repaving  of  any  sti'eet  or 
alley  may  specify  generally  the  material  to  be  used  in 
such  work,  and  such  pc^tition  shall  be  regarded  as  an 
appHcation  for  the  use  of  any  material  of  the  kind  desig- 
nated in  the  petition  for  which  specifications  have  been 
filed  W'ith  the  Commissioner  of  Public  Works  or  the 
petition  may  designate  particularly  any  kind  of  pave- 
ment for  which  specifications  have  been  filed  as  aforesaid, 
which  the  petitioner  desires  shall  be  used.  The  specifi- 
cations may  provide  that  the  persons  submitting  bids  or 
proposals  shall  agree  to  enter  into  contract  to  do  the 


Title  XVIU.\  REVISED  city  charter.  221 

work,  and  to  keep  and  maintain  the  same  in  good  repair 
for  a  certain  definite  period,  and  a  contract  may  be 
entered  into  in  accordance  therewith,  and  a  local  assess- 
ment made  to  defray  the  expense  thereof,  anything  in 
this  act  to  the  contrary  notvvithstanding. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  26;  L.  1900, 
c.  707,  Sec.  3,  and  L.  1901,  c.  228,  Sec.  12. 

This  section  originally  contained  a  limit  of  time  within  which 
the  Common  Council  should  determine  the  kind  of  pavement  to  be 
used.  The  act  of  1895  changed  this  limit,  and  the  act  of  1900 
struck  it  out  altogether.  The  latter  act  also  added  the  sentence 
next  to  the  last,  authorizing  a  petition  for  a  particular  kind  of 
pavement.  The  act  of  1901  specified  "Commissioner"  instead 
of  "Board"  of  Public  Works. 

§  398.  When  the  expense  of  the  work  or  improvement 
mentioned  in  the  last  section  will  exceed  the  sum  of  five 
hundred  dollars,  it  shall  not  be  ordered  except : 

1.  Upon  the  vote  of  three  fourths  of  all  the  members 
elected  to  the  Common  Council,  and  after  notice  of  the 
intention  to  order  it  shall  have  been  published  three 
times  a  week  for  two  weeks,  in  the  official  paper  of  the 
city;  or, 

2.  Unless  it  shall  be  applied  for  by  a  majority  of  the 
resident  owners  of  the  lands  fronting  on  the  street  or 
alley,  representmg  at  least  two  fifths  of  all  the  feet  front 
of  the  lands  on  the  street  or  alley,  in  and  along  which 
such  improvement  is  to  be  made,  or  if  such  improvement 
is  intended  to  be  made  in  and  along  only  part  of  such 
street  or  alley,  then  by  a  majority  of  such  resident 
owners  of  the  lands,  representing  at  least  two  fifths  of  all 
the  lands  fronting  on  the  part  of  such  street  or  alley  as  to 
which  such  improvement  is  to  be  made.  The  application 
shall  be  referred  to  the  Board  of  Assessors,  to  ascertain 
whether  such  majority,  and  the  owners  of  two  fifths  of 
the  lands,  applied  for  the  improvement.  Unless  the 
Board  of  Assessors  shall  certify  that  such  application  is 
made  by  a  majority  of  such  owners,  and  that  they  own 
at  least  two  fifths  of  the  land  as  herein  provided,  the 
improvement  shall  not  be  ordered. 


222  REVISED    CITY    CHARTER.  [Titlf  XVIII. 

§  399.  The  Board  of  Assessors  shall  return  the  appli- 
cation to  the  Common  Council,  with  its  certificate  thereon 
as  to  the  facts  required,  which  certificate  shall  be  con- 
clusive as  to  the  facts.  The  Board  of  Assessors  shall 
also  certify  whether,  in  its  judgment,  any  of  the  lands 
have  been  divided  for  the  purpose  of  affecting  such 
majorit3^  Whenever  the  Common  Council  is  authorized 
or  required  by  law  or  ordinance  to  order  any  work  or  take 
any  action  on  any  majority  or  other  petition,  such  peti- 
tion shall  be  referred  to  the  Board  of  Assessors  to  ascer- 
tain whether  it  is  the  necessary  majority  petition  or  is 
signed  by  the  necessaiy  persons  or  sufficient  thereof,  or 
represents  a  sufficient  proportion  of  the  property  as  the 
case  may  be,  and  the  Board  shall  return  the  application 
to  the  Common  Council  with  its  certificate  thereon  as  to 
the  facts  required, which  certificate  shall  be  conclusive  as 
to  the  facts.  No  person  signing  a  petition  shall  withm 
three  months  after  such  petition  is  presented  to  the 
Common  Council  be  considered  or  counted  on  any  other 
petition  for  the  same  work  or  improvement,  or  any  part 
thereof,  or  on  a  remonstrance  against  the  same,  without 
the  consent  of  the  Conmion  Council,  nor  shall  any  person 
be  allowed  to  withdraw  his  name  from  any  petition,  or 
add  his  name  thereto,  during  the  same  period,  without 
the  like  consent.  If  such  consent  is  given  in  either  or 
any  of  the  cases  aforesaid,  the  petition,  if  theretofore 
returned  by  the  Board  of  Assessors,  shall  be  agam  re- 
ferred to  the  Board,  and  the  Assessors  shall  again  ex- 
amine the  petition,  and  return  the  same  to  the  Common 
Council  with  its  certificate  as  to  the  facts  required,  which 
certificate  shall  be  conclusive  as  to  the  facts. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  27,  and  L.  1900, 
c.  707,  Sec.  4. 

The  act  of  1895  added  the  third  .sentence,  requiring  reference 
of  all  petitions  to  the  Assessors.  The  act  of  1900  struck  out  a 
provision  that  no  certificate  should  be  made  by  the  Assessors  until 
five  days  after  reference  of  the  petition  to  them.  This  act  also 
substituted  the  last  two  sentences  in  place  of  the  former  provision 
that  "No  person  signing  a  petition  shall  be  considered  or  counted 


Title  XVIIL]  REVISED  city  charter.  223 

on  a  petition  for  a  different  kind  of  pavement  for  the  same  improve- 
ment, or  on  a  remonstrance  against  a  petition  signed  by  him  within 
three   months  thereafter." 

§  400.  The  expense  of  all  the  work  or  improvements 
mentioned  in  sections  three  hundred  and  ninety-six  and 
three  hundred  and  ninety-seven  of  this  act,  except  the 
cleaning  of  streets  and  alleys,  the  cleaning  and  repairing 
of  sewers  and  receivers,  the  repairing  of  the  accepted 
streets,  and  the  construction  and  repair  of  crosswalks, 
shall  be  defrayed  by  local  assessment,  except  that  in 
repavmg  or  resurfacing  an  accepted  street,  two  thirds 
of  the  expense  thereof  shall  be  raised  by  local  assessment, 
and  the  remaining  one  third  thereof  shall  be  paid  out  of 
the  general  fund,  and  where  a  street,  or  any  part  thereof 
shall  be  ordered  cleaned,  under  section  four  hundred 
and  eight  of  this  act,  the  expense  thereof  shall  also  be 
defrayed  by  local  assessments. 

Thus  amended  by  L.  1894,  c.  289,  Sec.  4,  and  L.  1903, 
c.  392. 

The  act  of  1894  added  the  construction  and  repair  of  cross- 
walks and  special  cleaning  under  Section  408  to  the  list  of  work  to 
be  paid  for  by  local  assessment.  The  amendment  of  1903  placed 
one-third  of  the  cost  of  repaving  on  the  general  fund;  the  whole 
cost  was  previously  paid  by  local  assessment. 

§  401.  The  city  may  constmct,  maintain, and  repair  a 
city  hall,  markets,  and  other  public  buildings,  bridges, 
and  reservoirs,  wells  and  fountams,  and  places  for  sup- 
plying the  public  with  water,  and  docks;  maintain,  im- 
prove and  embellish  parks,  squares,  open  spaces,  and 
other  public  grounds,  and  defray  the  expense,  or  any  part 
thereof,  out  of  the  general  fund  or  by  local  assessment; 
but  all  bridges  shall  be  constructed,  mamtained  and  re- 
paired out  of  the  general  fund.  Hereafter  no  public  well 
shall  be  ordered  in  a  water  district.  The  city  may  rent 
or  lease  docks,  or  rent  or  lease  the  site  thereof  for  such 
term  of  years  as  may  be  agreed  upon. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  28. 

The  amendment  added  the  last  sentence. 


224  REVISED    CITY    f'll  VRTER.  [Title  XVIII. 

§  402.  The  city  shall  have  power  to  ascertain,  estab- 
lish, and  settle  the  boundaries  of  all  public  waters, 
streets,  alleys,  parks,  s(iuaros,  open  spaces,  and  other 
public  grounds,  and  to  direct  the  City  Clerk  to  record  the 
same.  Whenever  any  person  shall  propose  to  dedicate 
a  new  street,  or  part  of  a  new  street,  he  shall  submit 
the  plan  thereof  to  the  Commissioner  of  Public  Works 
for  his  approval,  before  the  same  is  presented  to  the 
Connnon  Council.  The  Connnissioncr  of  Public  Works 
shall  report  the  plan,  with  his  opinion,  to  the  Common 
Council  before  the  proposed  street,  or  part  of  a  street, 
shall  be  accepted. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  13. 

The  amendment  only  specified  "Commissioner,"  instead  of 
'"Board"  of  Public  \\'orks. 

§  403.  The  city  shall  cause  the  streets,  alleys,  parks, 
squares,  open  spaces,  and  other  public  grounds,  canals, 
slips,  wharves,  or  docks  in  the  city,  or  any  part  thereof, 
which  have  been  laid  out,  but  not  recorded  or  suffi- 
ciently described  or  which  have  been  used  for  twenty 
years  but  not  recorded,  to  be  ascertained,  described,  and 
recorded  in  a  book  to  be  kept  by  the  City  Clerk. 

§  404.  Buffalo  River,  within  the  city,  is  a  public 
highway,  but  any  bridge  heretofore  built,  and  now 
existing  over  the  same,  and  any  swing  or  draw  bridge 
hereafter  built  over  the  same,  within  the  city,  by  author- 
ity of  the  Connnon  Council,  is  a  lawful  structure. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  30. 

L.  1S70,  c.  519,  Title  IX,  Sec.  15,  from  which  the  above  is 
derived,  read  a.s  follows:  "Buffalo  River,  within  the  city,  is  a 
public  highway."  L.  1884,  c.  201,  added  the  words  "and  any 
swing  or  draw  bridge  lieretofore  or  hereafter  built  over  the  same, 
within  the  city,  by  authority  of  the  Common  Council  of  said  City, 
is  a  lawful  structure."  The  changes  made  by  the  present  Char- 
ter appear  from  comparison  of  the  section  as  now  printed,  with 
the  quotations  just  given.  As  enacted  in  1891  this  section  had  a 
clause  at  the  end  that  "nothing  herein  contained  shall  be  construed 
to  repeal  or  in  any  manner  affect  Chapter  345  of  thef^awsof  1886, 
or  any  act  amendatorj'  thereof. "  This  reference  to  L.  1886,  c. 
345  is  an  error,  as  tiiat  act  has  nothing  to  do  with  the  Buffalo 
Charter.  Probably  L.  1888,  c.  345,  the  Grade  Crossing  Act, 
was  intended.  The  amendment  of  1895  repealed  this  last  clause, 
putting  the  .section  into  its  present  form. 


Title  XVlil.]  REVISED    CITY    CHARTER.  225 

§  405.  The  city  may  widen,  straighten,  enlarge,  clear 
from  obstmction,  dredge,  deepen,  embank,  and  dyke  the 
Buffalo  River,  Cazenovia  Creek,  the  Black  Rock  Harbor, 
the  lake,  the  basins,  slips,  and  waters  in  the  city,  and  may 
put  and  maintain  in  navigable  condition  all  of  said  waters 
in  the  city  except  Cazenovia  Creek,  and  may  construct 
new  drainage  channels  to  abate  floods,  and  prevent  the 
overflow  of  the  waters  of  the  said  Buffalo  River  and 
Cazenovia  Creek,  or  either  of  them.  The  expense  or  any 
part  of  the  expense  of  any  work  or  improvement  men- 
tioned in  this  section,  may  be  paid  out  of  the  general  fund 
or  by  local  assessments  as  the  Common  Council  shall 
determine,  provided,  however,  that  not  more  than  one 
third  of  the  expense  of  doing  any  of  the  work  or  making 
any  of  the  foregoing  improvements,  when  done  or  made 
for  the  purpose  of  abating  floods,  and  preventing  the 
overflow  of  the  waters  of  the  Buffalo  River  and  Cazenovia 
Creek,  or  either  of  them,  shall  be  paid  out  of  the  general 
fund,  and  the  remainder  of  such  expense  shall  be  defrayed 
by  local  assessment.  Nothing  in  this  act  shall  be  con- 
strued to  allow  the  city  of  Buffalo  to  have,  use,  or  exercise 
any  control  over  the  canals,  basins,  harbors,  sUps,  or 
other  works  belonging  to  the  state  within  the  limits  of 
the  city. 

Thus  amended  by  L.  1900,  c.  571,  Sec.  1. 

The  amendment  added  the  mention  of  Cazenovia  Creek,  the 
power  to  embank  and  dyke,  and  the  power  to  construct  new  drain- 
age channels  to  abate  floods  with  the  limitation  of  cost  to  be  borne 
by  the  general  fund. 

§  406.  When  the  city  shall  alter  the  recorded  grade 
of  any  street  or  alley,  the  owner  of  any  house  or  lot 
fronting  thereon  may,  within  one  year  thereafter,  claim 
damages  by  reason  of  such  alteration.  Upon  presenta- 
tion of  such  claim,  the  Board  of  Aldermen  shall  refer  it  to 
the  Board  of  Assessors.  The  board  shall  hear  the  claim- 
ant, and  award  such  damages  as  shall  be  just.  In  case 
the  board  shall  award  damages  to  any  person,  it  shall 
assess  the  same  upon  the  real  estate  benefited  by  the 


226  RE\7SED    CITY   CHARTER.  [Title  XVIII. 

alteration.    The  amount  so  assessed  shall,  when  col- 
lected, be  paid  to  such  claimant. 

§  407.  No  work  or  improvement  specified  in  this 
act,  except  those  mentioned  in  section  three  hundred 
and  ninety-seven,  the  expense  of  which  shall  be  esti- 
mated to  exceed  five  hundred  dollars,  shall  be  ordered, 
unless  by  the  vote  of  two  thirds  of  all  the  members 
elected  to  each  Board  composing  the  Common  Council, 
after  publication  in  six  successive  numbers  of  the  official 
paper  of  the  city,  of  the  intention  to  order  such  work  or 
improvement. 

Thus  amended  by  L.  1892,  c.  246. 

Before  this  amendment  publication  of  notice  was  required  in 
one  other  daily  paper  in  addition  to  the  official  paper. 

§  408.  The  city  shall  not  enter  mto  a  contract  with 
any  person  for  the  doing  or  making  of  any  work  or  im- 
provement at  a  price  exceeding  five  hundred  dollars, 
until  it  shall  have  caused  a  notice  to  be  published  in  the 
official  paper  and  two  other  daily  papers  of  the  city  twice 
a  week  for  two  weeks,  inviting  sealed  proposals  to  do 
the  work  or  make  improvement,  pursuant  to  the  plan, 
specifications,  or  other  proper  description  of  the  work  or 
improvement  to  be  specified  in  the  notice,  and  shall  not 
enter  into  a  contract  for  the  doing  or  makmg  of  any  such 
work  or  improvement  for  a  price  exceeding  five  hundred 
dollars,  until  the  assessment  therefor  has  been  confirmed, 
and  has  been  delivered  to  the  Treasurer.  Except  that 
the  Common  Council  may  order  any  street  cleaned, 
sprinkled,  or  watered  in  addition  to  such  woik  already 
contracted  for  by  the  city,  and  the  city  may  enter  into  a 
contract  therefor  upon  a  petition  of  the  majority  of  the 
resident  owners  upon  said  street,  without  publishing  such 
notice,  and  before  the  assessment  therefor  has  been  con- 
firmed. The  city  shall  include  in  the  plans,  specifications 
and  quantities  of  the  improvement  of  any  street  by  pav- 
ing or  othenvise,  which  shall  be  hereafter  ordered,  the 
specifications  and  quantities  of  work  and  material  neces- 


Title  XIX.]  REVISED    CITY   CHARTER,  227 

saiy  to  be  done  and  furnished  for  the  purpose  of  making 
connections  with  the  pavement  or  grade  in  all  streets 
crossing  the  one  in  which  such  improvement  is  to  be 
made,  and  for  connecting  the  termination  of  such  im- 
provement with  the  work  and  grade  on  such  street. 
The  expense  of  the  labor  and  materials  of  the  connec- 
tions shall  be  included  in  the  assessment  ordered  to 
defray  the  expense  of  the  improvement,  and  shall  be 
assessed  upon  the  property  benefited  thereby. 

§  409.  In  case  an  assessment  shall  prove  to  be  msuffi- 
cient  to  defray  the  expense  of  the  work  or  improvement 
for  which  it  w^as  made,  the  Common  Council  shall  deter- 
mine the  amount  of  such  deficiency,  and  may  direct  the 
Board  of  Assessors  to  apportion  the  same  ratably  upon 
the  assessments  in  the  assessment -roll.  The  Board  shall 
make  an  assessment-roll  accordmgly. 

§  410.  All  work  provided  for  in  this  title,  after  having 
been  ordered  by  the  Common  Council,  shall  be  executed 
under  the  direction  of  the  Commissioner  of  Public  Works. 

Thus  amended  by  L.  1894,  c.  289,  Sec.  5,  and  L.  1901, 
c.  228,  Sec.  14. 

The  amendment  of  1894  struck  out  provisions  for  requiring 
property  owners  to  lay  sidewalks.  This  subject  is  since  covered 
by  Section  288.  The  amendment  of  1901  specifies  "Commissioner" 
instead  of  "Board"  of  Public  Works. 


TITLE  XIX. 


LIGHT. 

§  411.  The  city  may  light  the  streets  or  contract  for 
the  lighting  of  them,  and  may  purchase,  construct,  main- 
tain, and  regulate  works  to  provide  the  city  and  its 
inhabitants  with  light. 

§  412.  The  Common  Council  shall  prescribe  the 
boundaries  of  the  lamp  district,  and  may,  from  time  to 
time,  and  after  the  publication  in  five  successive  numbers 


228  REVISED    CITY    CHARTER.  [Title  XIX. 

of  the  official  paper  of  tlie  intention  so  to  do,  alter  or  en- 
large the  same.  No  such  extension  shall  be  made  except 
upon  a  petition  of  a  majority  of  persons  owning  property 
and  residing  within  the  limits  of  the  proposed  extension, 
or  in  the  absence  of  such  petition,  by  a  three-fourths  vote 
of  each  Board  of  the  Common  Council. 

§  413.  When  the  lamp  district  shall  be  extended,  the 
expense  of  the  extension,  including  the  cost  of  the  pipes, 
lamp-posts,  and  lamps,  shall  be  paid  out  of  the  general 
fuiid  of  the  city. 

Thus  amended  by  L.  1904,  c.  67,  Sec.  1. 

Before  this  amendment   the  cost  was  raised  by  assessment. 

§  414.  The  Common  Council  shall  cause  to  be  raised 
yearly  a  sufficient  amount  of  money  to  defray  the  ex- 
pense of  lighting  and  maintaining  the  lamp  district,  and 
keeping  the  pipes,  lamp-posts,  lamps,  and  other  fixtures 
in  repair,  and  m  extending  the  lamp  district,  and  such 
expense  shall  be  included  in  the  general  tax,  and  paid  out 
of  the  general  fund  of  the  city. 

Thus  amended  by  L.  1904,  c.  67,  Sec.  2. 

"^  Before  this  amendment  one  half  of  the  cost  of  lighting  was  set 
out  on  the  bills  for  the  general  city  tax  as  a  special  item  under  the 
heading   of   "lamp   tax." 

§  415.  The  streets  or  parts  of  streets  of  the  city  which 
are  or  may  hereafter  be  lighted  by  electric  light,  shall  be 
deemed  a  part  of  the  lamp  district,  and  the  expense  of 
such  electric  lighting  shall  be  included  in  the  amount 
raised  to  defray  the  expense  of  lighting  and  maintaining 
the  lamp  district. 

§  416.  The  city  may  contract  with  any  person  or 
corporation  to  furnish  the  materials  and  labor  necessary 
to  be  used  and  done  in  making  all  extensions  of  the  lamp 
district,  and  for  ligliting  the  public  buildings  and  the 
streets  of  the  city,  and  keeping  the  lamps  in  repair,  for 
such  time  as  the  Common  Council  shall  designate,  not 
exceeding  five  years  for  any  one  contract.  Sections  four 
hundred  and  seven  and  four  hundred  and  eight  of  this  act 


Title  XX.]  REVISED    CITY    CHARTER.  229 

shall  not  apply  to  any  such  contract.  The  city  may  pur- 
chase, from  time  to  time,  and  keep  on  hand  such  number 
of  lamp-posts  and  lamps  as  the  Conmion  Council  may 
deem  necessary  for  replacing  lamps  and  posts,  which 
shall  become  unfit  for  use,  and  supplying  all  extensions 
of  the  lamp  district  therewith,  and  pay  for  the  same  out 
of  the  general  fund,  and  shall  furnish  such  posts  and 
lamps  for  such  extensions  at  the  price  which  the  city 
shall  have  paid  for  the  same.  When  lamps  and  posts  are 
not  in  use  they  may  be  removed  from  the  street  and 
stored  or  used  elsewhere,  and  the  gas-light  company 
shall,  on  being  notified,  protect  its  pipes  at  its  own  ex- 
pense, and  if  they  should  be  again  needed  at  the  place 
from  where  they  were  so  removed,  the  same  or  other  of 
equal  value  shall  be  returned  without  expense  to  the 
local  property  owners.  All  the  work  provided  for  in  this 
title,  after  having  been  ordered  by  the  Common  Council, 
shall  be  executed  under  the  direction  of  the  Commissioner 
of  Public  Works. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  31,  and  L.  1901, 
c.  228,  Sec.  15. 

The  amendment  of  1895  added  the  sentence  next  to  the  last, 
providing  for  the  removal  and  storage  of  unused  lamps  and  posts. 
The  amendment  of  1901  specified  '"Commissioner"  instead  of 
''Board"  of  Public  Works. 


TITLE  XX. 


OF  EMINENT  DOMAIN. 


§  417a.  *The  city  shall  have  power  to  take  lands  for 
pubhc  buildmgs,  for  parks,  pubUc  grounds,  squares, 
streets,  alleys,  fountains,  canals,  basins,  slips,  and  other 
pubhc  waters,  docks,  and  for  any  other  corporate  pur- 
pose or  object,  and  to  take  proceedings  to  perfect  its 
title  where  title  has  been  acquired  or  attempted  to  be 
acquired,  and  has  been  found  to  be  invahd  or  defective, 
and  the  latter  proceeding  may  be  joined  with  any  new 
proceeding  for  acquiring  lands  for  a  similar  purpose. 


230  REVISED    CITY    CHARTER.  [Title  XX, 

Thus  amended  by  L.  1895,  c.  805,  Sec.  32,  and  L.  1900, 
c.  571,  sec.  2. 

*The  aniondmont  of  1895  added  the  power  to  take  proceedings 
to  perfect  title.  The  law  of  1900  made  no  change,  except  in  the 
number  of  the  section.  Instead  of  leaving  this  section  alone  and 
designating  the  new  paragraphs  below  as  Sections  417a,  etc.,  this 
law  provided  that  Section  417  "is  amended  to  read  as  follows," 
and  reenacted  the  above  section,  under  the  heading  of  417a,  adding 
new  sections  under  designations  of  417b,  etc. 

§  417b.  Whenever  any  work  or  improvement 
authorized  by  section  four  hundred  and  five  of  this  act 
shall  be  undertaken,  the  city  may  take  for  the  purposes 
thereof,  as  provided  in  this  act,  lands,  held  or  used  for 
public  purposes  by  any  corporation  having  the  power  of 
eminent  domain,  or  otherwise  held  or  used  for  public 
purposes ;  but  in  such  case  only  such  interest  or  easement 
shall  be  taken  as  may  be  necessary  for  carrying  out  such 
work  or  improvement,  and  to  that  extent,  such  taking 
is  hereby  authorized. 

This  section  added  by  L.  1900,  c.  571,  Sec.  2. 

§  417c.  Any  number  of  separate  parcels  of  land 
owned  by  the  same  or  different  persons  or  corporations, 
or  in  which  the  same  or  different  persons  or  corporations 
have  an  interest  whether  contiguous  or  not,  may  be  in- 
cluded in  one  and  the  same  proceeding  under  this  title. 

This  section  added  by  L.  1900,  c.  571,  Sec.  2. 

§  417d.  If  at  any  time  a  proceeding  to  take  lands 
as  in  this  title  provided  shall  be  found  defective  or  in- 
sufficient, the  city  may  proceed  anew  to  take  such  lands 
in  the  same  manner  as  if  no  prior  proceeding  had  been 
begun,  and  if  in  possession,  the  city  may  continue  in 
possession  of  such  lands  until  the  final  conclusion  of  such 
new  proceeding,  and  the  court  may  stay  all  actions  or 
proceedings  against  the  city  on  account  thereof. 

This  section  added  by  L.  1900,  c.  571,  Sec.  2. 

§  418.  When  it  shall  be  intended  to  take  any  lands 
for  any  of  said  purposes  or  objects,  the  Board  of  Alder- 
men shall  require  the  Board  of  Assessors  to  ascertain  and 


Title  XX.]  REVISED    CITY   CHARTER.  231 

certify  the  district  that  will  be  benefited  thereby,  and  will 
be  assessed  therefor,  and  the  Common  Council  shall  not 
adopt  any  resolution  declaring  its  intention  to  take  such 
lands  until  the  report  of  the  Assessors  has  been  received 
and  confirmed.  The  Common  Council  shall  thereupon, 
by  resolution,  declare  such  intent,  and  describe  the  lands 
intended  to  be  taken,  and  shall  at  the  same  time  declare 
whether  the  expense  of  the  same  shall  be  paid  by  general 
or  local  fund,  or  in  part  by  a  local  fund,  and,  if  wholly 
or  partly  by  a  local  fund,  define  the  district  that  will  be 
assessed  therefor.  Upon  such  resolution  becoming  of 
force,  the  City  Clerk  shall  cause  the  same  to  be  published 
in  the  official  paper  daily  for  two  weeks. 

§  419.  Within  three  months  after  the  expiration  of 
the  said  publication,  the  Common  Council  may  declare, 
by  resolution,  to  be  adopted  by  a  vote  of  two  thirds  of 
the  members  of  each  Board,  that  the  city  has  determined 
to  take  such  lands  for  the  purpose  specified  in  such  reso- 
lution. 

§  420.  Upon  such  resolution  becoming  of  force,  the 
Corporation  Counsel  shall  give  notice  that  the  city  has 
determined  to  take  the  lands  thereki  described  for  the 
purpose  stated,  and  that  on  a  specified  day  he  will  apply 
to  a  court,  to  be  held  on  that  day,  in  the  city,  naming 
the  court  of  record  to  which  such  application  is  to  be 
made,  for  the  appointment  of  three  commissioners  to 
ascertain  the  just  compensation  to  be  made  for  such 
lands,  by  publishing  such  notice  daily  for  two  weeks  in 
the  official  paper,  by  leaving  a  copy  thereof  at  each 
inhabited  building  on  such  lands  with  a  person  of  full  age, 
and  by  servmg  a  copy  thereof  personally  on  each  person 
who,  by  the  records  of  the  Erie  County  Clerk's  office, 
appears  to  be  the  owner  or  mortgagee  of  such  lands  or 
any  part  of  them,  or  by  depositing  it  in  the  post  office  in 
the  city,  with  the  postage  prepaid,  addressed  to  him  at 
Buffalo,  at  least  ten  days  before  the  time  when  the  appU- 
cation  is  to  be  made.     If  any  such  owner  or  mortgagee 


232  REVISED    CITY    CHARTER.  [Titic  XX, 

has  an  agent  registered  as  provided  in  this  act.  tlic  notice, 
when  not  personally  served  on  such  owner  or  mortgagee, 
shall  be  served  on  such  agent  personally,  or  by  depositing 
it  in  the  post  office  addressed  to  him. 

§  421.  At  the  opening  of  such  court  on  the  day  desig- 
nated hi  the  notice,  or  as  soon  thereafter  as  he  can  be 
heard,  the  Corporation  Counsel  shall,  upon  a  copy  of  said 
resolutions,  certified  by  the  City  Clerk,  and  proof  of  the 
giving  of  said  notices  as  aforesaid,  apply  to  such  court  to 
appoint  such  commissioners.  Such  court  shall  hear 
such  application,  and  may  appoint  three  commissioners 
to  ascertain  the  just  compensation  to  be  made  for  such 
lands. 

§  422.  If  an  attorney-at-law  shall  appear  for  any  per- 
son in  such  proceedings,  and  serve  notice  thereof  upon 
the  Corporation  Counsel,  he  shall  be  entitled  to  notice  of 
all  subsequent  proceedings.  The  Corporation  Counsel 
shall  cause  the  order  appointing  the  commissioners, 
together  with  a  notice  of  the  pendency  of  the  proceeding 
directed  to  all  persons  upon  whom  service  has  been 
made,  as  provided  in  section  four  hundred  and  twenty  of 
this  act,  to  be  filed  in  the  office  of  the  Clerk  of  the  county 
of  Erie,  who  shall  record  the  same  in  like  manner  as 
notice  of  pendency  in  an  action  to  foreclose  a  mortgage. 
When  any  proceeding  of  appraisal  has  been  commenced 
no  change  of  ownership  by  voluntary  conveyance  or 
transfer  of  the  real  estate  or  any  interest  therein  shall  in 
any  manner  affect  such  proceedings,  but  the  same  may 
be  carried  on  and  perfected  as  if  no  such  conveyance  or 
transfer  had  been  made.  In  case  any  such  proceedings 
shall  be  at  any  time  discontinued,  the  court  in  which  the 
same  shall  have  originated  may,  upon  the  a])])lication  of 
any  person  interested,  with  or  without  notice  to  the  per- 
sons who  have  appeared  therein,  as  it  shall  determine^ 
make  an  order  directing  the  cancellation  of  such  notice 
of  pendency  of  such  proceeding,  which  shall  be  filed  in 
the  office  of  the  Clerk  of  the  county  of  Erie,  and  there- 


Title  XX.]  REVISED    CITY   CHARTER.  233 

upon  the  Clerk  of  said  county  shall  cancel  and  discharge 
of  record  such  notice  of  pendency. 

§  423.  If  any  commissioner  shall  die  or  be  disquali- 
fied or  excused  by  the  court  from  serving,  the  court,  upon 
application  of  the  Corporation  Counsel,  may  appoint 
another  in  his  place.  In  all  cases  of  appraisal  under  this 
act,  when  the  mode  or  manner  of  conducting  all  or  any 
part  of  the  proceedings  for  the  appraisal  and  proceedings 
consequent  thereon  are  not  expressly  provided  for  by 
this  act,  the  court  before  which  such  proceedings  may 
be  pending  shall  have  the  power  to  make  all  necessary 
orders  and  give  all  the  proper  directions  to  carry  into 
effect  the  object  and  intent  of  this  act.  The  practice  in 
such  cases  shall  conform,  as  near  as  may  be,  to  the  ordi- 
nary practice  in  such  court.  The  court  may,  from  time 
to  time,  upon  the  apphcation  of  the  Corporation  Counsel, 
with  or  without  notice,  as  the  court  may  direct,  extend 
the  conunissioners'  time  to  make  and  file  their  report 
until  such  time  as  the  court  may  fix,  and  such  order 
shall  take  effect  upon  the  filing  thereof.  The  pro- 
ceedings of  the  city  in  exercising  the  right  of  eminent 
domain  shall  not  be  enjoined,  restramed  or  interfered 
with  by  any  order  or  mandate  of  any  court  or  judge. 

§  424.  The  commissioners,  before  they  enter  upon 
their  duties,  shall  take  and  subscribe  an  oath  that  they 
will  faithfully  perform  their  duties,  and  will  ascertain  and 
report  the  just  compensation  to  be  made  for  the  lands. 
Any  of  them  may  issue  subpoenas  and  administer  oaths 
to  witnesses.  A  majority  of  them  may  adjourn  the  pro- 
ceedings before  them  from  time  to  time  m  their  discre- 
tion. They  shall  appoint  a  time  and  place  for  the  hear- 
ing. They  shall  view  the  lands,  and  hear  all  legal  evi- 
dence offered  by  the  city  or  any  person  interested  in  the 
lands.  They  shall  ascertain  the  just  compensation  to  be 
made  to  the  owners  of,  and  to  the  persons  interested  in 
the  lands;  and  they  shall,  within  sixty  days  after  their 
appointment,  make  a  report  to  the  court  which  ap- 


234  REVISED    CITY    CHAKTKR,  [Title  XX. 

pointed  them,  by  filing  the  same,  together  with  their 
oath,  Avith  the  clerk  of  such  court.  The  report  shall  be 
signed  by  all  of  the  commissioners. 

§  425.  If  the  commissioners  shall  not  be  able  to 
agree,  they  shall  certify  the  factto  the  court,  which  may, 
upon  the  application  of  the  Corporation  Counsel,  appoint 
new  commissioners. 

§  426.  Upon  the  filing  of  the  report  of  the  commis- 
sioners the  Corporation  Counsel  shall  communicate  the 
fact  of  such  filing,  stating  the  whole  amount  of  the 
awards  to  the  Common  Council.  The  Common  Council 
may,  at  or  after  the  second  regiUar  meeting  thereafter, 
by  resolution,  direct  that  the  Corporation  Counsel  shall 
apply  to  the  court  for  the  confirmation  of  said  report  or 
for  the  discontinuance  or  abandonment  of  said  proceed- 
ing, and  the  Corporation  Counsel  shall  comply  with  such 
resolution.  Such  action  of  the  Common  Council  shall  be 
taken  within  three  months  from  the  time  when  the  filing 
of  such  report  shall  have  been  communicated  to  it  by  the 
Corporation  Counsel.  In  case  the  Corporation  Counsel 
shall  apply  for  the  discontinuance  or  abandonment  of 
such  proceeding,  the  court  shall  ascertain  and  determine 
the  reasonable  and  necessaiy  expenses  and  disburse- 
ments incurred  by  each  person  who  has  appeared  in  said 
proceeding,  either  in  person  or  by  attorney,  and  the  same 
shall  be  paid  to  such  persons  by  the  city.  The  city  shall 
pay  all  taxes  and  assessments  which  shall  be  levied  or 
assessed  after  the  confirmation  of  the  report  upon  any 
of  the  property  taken  as  herein  ])rescribed.  Upon  the 
coming  in  of  the  report  of  the  commissioners  the  court 
may  confirm  the  report  or  annul  it ,  or  refer  it  back  to  the 
commissioners,  or  to  new  commissioners  to  be  appointed 
by  it.  If  the  court  shall  confirm  the  report  of  the  com- 
missioners, the  order  of  confirmation  shall  recite  the 
proceedings,  and  describe  the  lands  taken,  and  shall  be 
conclusive  upon  the  city,  and  upon  the  owners  of  and  all 
persons  interested  in  the  lands. 


Title  XX.]  REVISED    CITY   CHARTER.  235 

§  427.  The  clerk  of  the  court  shall  make  up  a  roll  of 
such  proceedings,  by  attaching  together  all  the  reports 
therein  filed  in  his  office,  and  a  copy  of  all  orders  made 
therein  by  the  court. 

§  428.  The  order  of  confirmation  shall  be  recorded  in 
the  office  of  the  Clerk  of  Erie  County,  and  in  the  office  of 
the  City  Clerk,  and  such  record,  or  a  copy  thereof,  certi- 
fied by  the  clerk,  shall  be  evidence  of  the  facts  therein 
contained. 

§  429.  The  commissioners  shall  be  paid  by  the  city  six 
dollars  per  day  as  compensation  for  their  services  upon 
filing  their  report,  or  their  certificate  of  disagreement, 
and  the  court  may,  m  addition,  allow  to  the  commis- 
sioner who  drew  up  the  report  a  reasonable  compen- 
sation, not  exceeding  the  sum  of  fifty  dollars. 

§  430.  Upon  the  confirmation  of  the  report  of  the 
commissioners,  the  Common  Comicil  shall  ascertain  the 
amount  of  money  required  to  pay  the  compensation 
awarded  and  the  cost  of  the  proceedings.  The  amount 
which  is  to  be  raised  by  general  tax  shall  be  included  in 
and  raised  in  the  general  tax  next  thereafter  to  be  levied. 
The  amount  which  is  to  be  raised  by  local  assessment  it 
shall  cause  to  be  assessed  upon  the  real  estate  benefited, 
in  accordance  with  the  declaration  of  intention. 

§  431.  Withm  one  year  after  the.  confirmation  of  the 
report  of  the  commissioners,  the  city  shall  make  to  the 
persons  to  whom  compensation  shall  have  been  awarded 
by  the  commissioners,  the  compensation  awarded  to  them 
respectively. 

§  432.  In  case  any  such  person  shall  refuse  the  same, 
or  be  unknown,  or  incapacitated,  or  the  right  to  the  com- 
pensation be  disputed,  or  be  doubtful,  the  city  may  pay 
the  amount  of  such  compensation  mto  the  court  in  which 
the  proceedmgs  to  take  the  lands  were  had,  with  a  state- 
ment of  the  facts  and  circumstances  of  the  case. 


236  REVISED    CITY    CHARTER.  [Titic  XX, 

§  433.  The  court  shall  have  power  to  order  the  invest- 
ment of  such  money,  to  ascertain  who  is  entitled  to  it,  or 
any  and  what  part  of  it,  and  to  order  its  payment  accord- 
ingly. 

§  434.  Upon  making  to  the  respective  persons  the 
compensation  awarded  to  them,  or  paying  the  same  into 
court  as  aforesaid,  the  fee  of  the  lands  taken  shall  vest  in 
the  city. 

§  435.  If  the  amount  necessary  to  make  such  com- 
pensation has  not  been  realized  by  the  city,  it  may 
borrow  the  same  temporarily. 

§  436.  When  any  lands  of  any  person  to  whom  com- 
pensation is  awarded  for  an  interest  in  lands  taken  by  the 
city,  or  of  any  person  acquiring  title  under  such  person 
subsequent  to  the  filing  of  the  notice  of  pendency  herein 
provided  for,  shall  be  assessed  to  pay  such  compensation^ 
the  court  in  which  the  proceedings  were  had  may,  upon 
the  confirmation  of  the  assessment,  and  upon  the  appli- 
cation of  such  person,  or  the  city,  set  off  the  amount  of 
such  assessment  and  the  amount  of  such  award,  and  cer- 
tify the  balance. 

§  437.  When  any  real  estate,  subject  to  any  lease  or 
other  agreement,  shall  be  taken  by  the  city  under  this 
title,  all  the  covenants  and  stipulations  contained  in  such 
lease  or  agreement  shall,  upon  the  expiration  of  one  year 
from  the  confirmation  of  the  commissioners'  report,  de- 
termine and  be  discharged;  and  when  a  part  only  of  any 
real  estate  shall  be  so  taken,  the  said  covenants  and  stip- 
ulations shall  be  so  discharged  only  as  to  the  part  taken; 
and  the  court  in  which  the  proceeding  was  had  may,  on 
application  of  any  party  in  interest  to  such  lease  or 
agreement,  and  after  a  notice  in  writnig  of  eight  days  to 
the  other  parties  interested,  appoint  three  commissioners 
to  determine  the  rents,  payments,  and  conditions  which 
shall  be  thereafter  paid  and  performed  under  such  lease 
or  agreement,  in  respect  to  the  residue  of  such  real 


Title  XX.]  REVISED    CITY   CHARTER.  237 

estate ;  and  the  report  of  the  said  commissioners  on  being 
confirmed  by  the  court,  shall  be  binding  and  conclusive 
on  all  persons  interested  in  such  real  estate. 

§  438.  The  city  may  take  in  fee  for  public  streets, 
alleys,  and  squares,  the  lands  situate  within  the  bound- 
aries of  any  of  the  pubhc  streets,  alleys,  and  squares  in 
said  city,  which  have  been  or  shall  have  been  used  as 
pubhc  streets,  alleys,  or  squares  for  more  than  ten  years, 
and  for  that  purpose  may  include  in  one  proceeding  any 
number  of  streets  and  alleys,  or  parks,  squares,  or  public 
grounds. 

§  439.  The  proceedings  to  take  lands  under  the  pre- 
ceding section  shall  be  pursuant  to  this  title,  except  that 
no  other  service  of  notice  required  by  section  four  hun- 
dred and  twenty,  shall  be  necessary  than  the  publication 
thereof;  the  lands  situated  within  the  bounds  of  any 
street  or  alley,  or  any  part  thereof,  or  of  any  number  of 
streets,  may  be  included  m  one  proceeding,  but  nothing 
in  this  or  the  preceding  section  contained  shall  authorize 
said  city  to  divest  any  existing  right  to  lay  down  or 
maintain  any  pipes  or  railroads  and  appurtenances  in, 
upon,  or  across  said  streets  or  alleys. 

§  440.  If  for  any  reason  the  city  shall  have  failed  to 
appropriate  any  land  required  by  it  for  public  use,  or  to 
appropriate  any  part  thereof  to  such  use,  or  shall  have 
abandoned  such  use,  the  Common  Council  may  authorize 
the  sale,  release,  and  conveyance,  under  the  hand  of  the 
Mayor  and  the  corporate  seal  of  said  city,  of  any  of  such 
lands,  or  of  any  part  thereof,  after  the  parcel  sought  to  be 
sold  shall  have  been  appraised,  as  hereinafter  provided, 
upon  payment  of  the  amount  at  which  the  interests  of 
the  city  in  said  lands  shall  have  been  appraised. 

§  441.  Whenever  it  shall  be  represented  to  the  Com- 
mon Council  that  lands  designated  in  the  foregoing  sec- 
tion have  not  been  appropriated  for  the  purposes  for 
which  they  were  acquired,  and  that  the  same  can  be 


238  REVISED    CITY   CHARTER.  [Title  XX. 

sold,  the  Common  Council  may,  by  resolution,  direct  the 
interest  of  the  city  ui  such  land  to  be  appraised  in  the 
same  manner  as  prescribed  in  the  general  laws  of  the 
state  for  the  condemnation  of  property,  which  proceeding 
may  be  conducted  by  any  party  desiring  to  acquire  title 
to  any  such  lands  at  his  own  expense,  and  the  report  of 
the  appraisers  appointed  by  the  Supreme  Court  for  the 
purpose  of  fixing  the  value  of  the  hiterest  of  the  city  hi 
said  premises  shall  be  filed  m  the  office  of  the  Clerk  of 
Erie  County,  and  the  sum  found  by  said  appraisers  as  the 
value  of  the  interest  of  the  city  in  the  premises  appraised 
shall  be  the  amount  of  the  compensation  to  be  paid  for 
the  release  and  conveyance  of  said  land  by  the  party 
makuig  application  for  such  appraisal. 

§  442,  Upon  the  application  for  the  appointment  of 
commissioners  to  appraise  the  interest  of  the  city  as 
provided  in  the  foregoing  section,  the  petition  shall  con- 
tain a  particular  description  of  the  land  sought  to  be 
appraised. 

§  443.  The  Common  Council  may,  by  resolution, 
direct  the  sale  of  any  land  acquired  by  the  city  for  public 
use,  and  which  it  has  failed  to  appropriate  or  ceased  to 
use  for  the  purpose  of  such  use,  at  public  auction  to  the 
highest  bidder.  Notice  of  the  time  and  place  of  such 
sale,  together  with  a  short  description  of  the  property, 
shall  be  published  twice  a  week  for  three  weeks  in  the 
official  paper  of  the  city,  and  no  appraisal  thereof  shall 
be  made  or  deemed  necessary  in  cases  of  sale  under  this 
section,  unless  an  application  has  been  made  as  provided 
ir  section  four  hundred  and  forty-one,  before  the  passage 
of  a  resolution  of  the  Common  Council  directing  the 
sale  of  premises  under  this  section. 

§  444.  The  provisions  of  this  act  shall  not  be  so  con- 
stmed  as  in  any  manner  to  affect  or  apply  to  the  land 
taken  by'  the  city  of  Buffalo,  or  the  Dodge  farm,  so 
called,  for  the  purposes  of  a  reservoir. 


Title  XXL]  REVISED  city  charter.  239 

§  445.  In  cases,  however,  where  assessments  have 
been  offset  as  against  awards  for  the  value  of  the  property 
taken,  the  Common  Council  may  authorize  the  release 
and  conveyance  by  deed  to  be  executed  by  the  Mayor, 
and  under  the  seal  of  the  city,  of  the  interest  of  the  city  in 
such  lands,  or  parts  thereof,  to  the  parties  interested 
therein  who  are  equitably  entitled  to  such  conveyance^ 
upon  payment  by  them  to  the  city  of  the  moneys  ex- 
pended by  the  city  in  the  purchase  or  the  taking  of  said 
lands  or  ratably  in  proportion  to  such  parts  thereof  with 
interest  thereon,  from  the  time  of  such  expenditure,  or 
upon  such  other  terms  and  conditions  as  the  Common 
Council  shall  deem  best  for  the  interests  of  the  city.  In 
case  the  city  of  Buffalo  sh^U  at  any  time  abandon  the 
public  use  of  any  lands  appropriated  by  it  for  public  use, 
or  shall  be  about  to  abandon  such  use  the  Common  Coun- 
cil by  not  less  than  a  two-third  vote  may  authorize  the 
conveyance  under  the  hand  of  the  Mayor,  and  the  cor- 
porate seal  of  said  city,  of  any  such  lands  or  any  part 
thereof  so  abandoned  or  about  to  be  abandoned,  in  ex- 
change for  other  lands  of  substantially  equal  value  re- 
quired by  said  city  for  a  like  public  use. 

Thus  amended  by  L.  1901,  c.  199. 

The  amendment  added  the  last  sentence,  giving  the  City  power 
to  exchange  lands. 


TITLE  XXL 


OFFICIAL  PRINTING. 


§  446.  On  or  before  the  first  day  of  November  in  each 
year  the  heads  of  the  several  departments  shall  prepare 
and  deliver  to  the  City  Clerk  a  statement  in  detail  of  all 
the  printing,  with  the  proper  blank  forms  and  blank 
books  that  will  be  required  in  the  respective  departments 
for  the  ensuing  year.  The  City  Clerk  shall  thereupon 
prepare  specifications,  showing  the  amount  and  kind  of 
official  printing  required  by  the  city  for  the  use  of  all  its 


240  REVISED   CITY   CHARTER.  [Title  XXI. 

officers  and  departments.  Such  specifications  shall  not 
include  any  matter  which  by  law  is  to  be  published  in 
the  ofHcial  paper,  nor  the  minutes  of  the  proceedings  of 
the  Common  Council. 

Thus  amended  by  L.  1907,  c.  461,  Sec.  1. 

This  amendment  changed  the  date  hi  the  first  lino  from  Decem- 
ber to  November. 

§  447.  The  City  Clerk  shall  thereupon  cause  a  notice 
•to  be  published  in  five  successive  numbers,  Sundays  ex- 
cepted, of  the  official  paper,  and  of  two  other  daily  papers 
of  the  city,  that  sealed  proposals  will  be  received  by  him 
until  the  third  Monday  of  December,  for  all  the  printing 
and  binding  mentioned  in  the  specifications,  as  prescribed 
in  the  preceding  section.  The  specifications  shall  not  be 
published  in  the  notice,  but  shall  remain  in  the  City 
Clerk's  office  for  examination.  The  Corporation  Counsel 
shall  prepare  blank  forms  of  proposals,  w^hich  shall  be 
printed  and  furnished  to  those  desiring  to  bid,  and  a  copy 
of  the  specifications  shall  be  attached  to  the  proposals 
when  delivered  to  the  City  Clerk  and  form  a  part  thereof. 

§  448.  On  the  third  Monday  of  December,  at  ten 
o'clock  in  the  forenoon,  the  Mayor,  Comptroller,  and 
Treasurer,  or  any  two  of  them,  shall  meet  at  the  Mayor's 
office,  and  the  City  Clerk  shall  then  deliver  to  them  the 
sealed  proposals  received  by  him,  and  they  shall  publicly 
open  the  same.  Subject  to  the  following  provisions  of 
this  section,  they  shall  award  the  contract  for  the  pro- 
posed printing  and  bmding  to  the  lowest  bidder  or  bid- 
ders, who  will  furnish  security  satisfactory  to  them  for 
the  proper  performance  of  the  contract  so  awarded  ac- 
cording to  the  specifications  accompanying  the  proposals. 
Provided,  however,  that  said  Mayor,  Comptroller,  and 
Treasurer,  or  any  two  of  them,  shall  have  the  right  to 
reject  any  or  all  bids,  and  to  award  the  contract  or  con- 
tracts to  the  lowest  bidder  or  bidders  by  items.  In  case 
all  or  any  bids  are  rejected,  the  said  Mayor,  Comptroller, 
and  Treasurer,  or  any  two  of  them,  may  direct  the  City 


Title  XXL]  REVISED  city  charter.  241 

Clerk  to  advertise  anew  for  the  whole  or  any  part  of  said 
printing  or  binding,  as  may  be  necessary,  and  it  shall  be 
his  duty  thereupon  to  cause  a  notice  to  be  published  as 
provided  in  section  four  hundred  and  forty-seven  of  this 
act,   except   that   sealed  proposals  offered  under  any 
advertisement  subsequent  to  that  provided  for  by  section 
four  hundred  and  forty-seven,  shall  be  opened  by  the 
Mayor,  Comptroller,  and  Treasurer,  or  any  two  of  them, 
in  the  office  of  the  Mayor,  at  ten  o'clock  in  the  forenoon 
of  the  day  specified  in  the  notice,  which  day  shall  be  not 
less  than  four  nor  more  than  five  weeks  from  the  first 
pubhcation  of  said  notice.     Pending  the  awarding  of  any 
contract   or   contracts   pursuant   to   this   section,   said 
Mayor,  Comptroller,  and  Treasurer,  or  any  two  of  them, 
may  make  such  provision  as  they  shall  deem  best  for  the 
official  printmg  and  binding  until  the  contract  or  con- 
tracts shall  be  duly  awarded  for  the  year.     They  shall 
require  security  satisfactory  to  them  for  the  proper  per- 
formance of  any  and  all  contracts  so  awarded.     In  adver-  " 
tising  for  bids  the  City  Clerk  shall  provide  that  any  bidder 
receiving  a  contract  shall  agree  to  do  all  the  printing  of 
the  class  or  classes  or  items  for  which  the  proposals  of 
said  bidder  shall  be  accepted,  and  of  any  kind  for  which 
no  items  have  been  furnished,  which  the  city  may  require 
during  the  year,  whether  included  m  the  specifications 
inviting  proposals  or  not,  at  the  same  rates  and  upon  the 
same  terms  as  shall  be  fixed  in  the  contract.     No  claim 
for  city  printing  shall  be  audited  or  paid  unless  the  work 
and  the  materials  thereof  shall  have  been  done  or  fur- 
nished as  herein  provided. 

Thus  amended  by  L.  1907,  c.  461,  Sec.  2. 

This  amendment  gave  the  power  to  reject  bids  or  award  the 
contract  by  items,  and  added  the  procedure  to  be  followed  in  such 
event. 

§  449.  The  City  Clerk,  under  the  direction  of  the 
Common  Council,  prior  to  the  fifteenth  day  of  December 
in  each  year,  shall  give  notice  to  the  publishers  of  the 
daily  papers  published  in  the  English  language  in  the  city 


242  RKVISED    CITY    CTIARTER.  [Title  XXII. 

that  sealed  proposals  "will  be  received  by  the  Common 
Council  at  its  next  session  after  the  giving  of  such  notice, 
for  publishing  all  matters  required  by  law  or  the  ordi- 
nances to  be  published  in  the  official  paper,  and  the 
printing  and  binding  of  the  minutes  of  the  proceedings 
of  the  Common  Council  for  the  ensuing  year,  showing 
the  number  of  copies  and  the  style  of  printing  and  bind- 
ing refjuired. 

§  450.  The  Common  Council  shall  award  the  contract 
to  the  lowest  responsible  bidder,  and  the  paper  in  which 
pubhcation  is  made  shall  be  designated  the  official  paper. 
The  compensation  paid  for  such  publication  shall  not 
exceed  the  rates  allowed  by  law,  at  any  time  for  the  pub- 
lication of  legal  notices.  When  any  publication  shall  be 
commenced  in  the  official  paper,  the  publication  shall  be 
completed  by  it  with  the  like  effect  as  if  it  were  the 
official  paper. 


TITLE  XXII. 


MUNICIPAL  COURT. 


S  451.  The  court  of  civil  jurisdiction  known  at  the 
time  of  the  passage  of  this  act  as  the  Municipal  Court  of 
Buffalo,  as  heretofore  created  and  established,  is  con- 
tinued, with  the  jurisdiction  and  powers  hereinafter  pro- 
vided. 

§  452.  There  shall  be  two  judges  of  the  Municipal 
Court,  who  shall  be  elected  and  hold  their  offices  for  the 
term  of  six  years. 

§  453.  The  judges  in  office  at  the  time  this  act  takes 
effect  shall  serve  out  the  terms  for  which  they  were 
respectively  elected.  At  the  amiual  election  next  pre- 
ceding the  close  of  each  of  said  terms,  and  eveiy  six 
years  thereafter  a  judge  shall  be  elected  to  serve  six 
years. 


Title  XXU.]  REVISED  city  charter.  243 

§  454.  No  person  shall  be  eligible  to  the  office  of 
judge  of  said  court  unless  he  shall  be  a  resident  elector 
of  the  city  of  Buffalo,  and  be  a  counselor  of  the  Supreme 
Court  of  the  state  of  New  York. 

§  455.  It  shall  be  the  duty  of  each  judge  to  hold  a 
court  in  and  for  the  city  of  Buffalo,  to  be  called  the 
Municipal  Court  of  Buffalo.  Each  of  said  judges  may 
hold  a  separate  court  at  the  same  time.  The  court  shall 
be  open  for  business  each  day,  Sundays  and  legal  holi- 
days excepted,  at  nine  o'clock  in  the  forenoon,  and  con- 
tinue open  during  seasonable  hours  for  the  transaction 
of  business.  During  the  sickness  or  other  inabihty  of 
the  judges,  or  either  of  them,  to  discharge  their  or  his 
duties,  the  Mayor  may  appoint  a  person  or  persons  of 
the  city  quaUfied  as  provided  by  section  four  hundred- 
and  fifty-four  of  said  act  to  perform  them. 

Thus  amended  by  L.  1893,  c.  245,  Sec.  1;  L.  1894, 
c.  691,  Sec.  1. 

§  456.  The  court  shall  have  and  possess,  in  civil 
actions  and  proceedmgs,  the  same  powers  and  jurisdic- 
tion as  heretofore  possessed  and  exercised  by  Justices  of 
the  Peace  in  the  city,  except  as  herein  provided  in  civil 
actions  and  proceedings,  and  the  additional  powers  and 
jurisdiction  hereby  conferred  as  follows: 

1.  In  all  civil  actions  and  proceedings  cognizable  by 
law  in  the  justices'  court  of  towns. 

2.  In  actions  arising  on  contracts  for  the  recovery 
of  money  only,  if  the  sum  claimed  does  not  exceed  five 
hundred  dollars;  and  also  in  actions  for  breach  of  con- 
tract, where  the  damages  claimed  do  not  exceed  five 
hundred  dollars. 

3.  In  a  matter  of  accomit  when  the  sum  total  of  the 
accoimts  of  both  parties,  proved  to  the  satisfaction  of 
the  court,  does  not  exceed  one  thousand  dollars. 

4.  In  an  action  for  damages  for  injury  to  rights  per- 
taining to  the  person,  or  to  personal  or  real  property,  or 


244  REVISED    CITY    CHARTER.  [Tltlc  XXII. 

for  the  conversion  of  personal  jiroperty,  if  the  damages 
claimed  do  not  exceed  five  hundred  dollars. 

5.  In  an  action  for  a  penalty  not  exceeding  five  hun- 
dred dollars. 

6.  In  an  action  upon  a  constable's  or  other  bond  for 
the  pa}Tnent  of  money  not  exceeding  five  hundred  dollars 
though  the  penalty  exceed  that  sum,  the  judgment  to  be 
given  for  the  sum  actually  due.  Where  payments  are  to 
be  made  by  installments,  an  action  may  be  brought  for 
each  installment  as  it  becomes  due. 

7.  In  action  upon  a  surety  bond  taken  by  said  court 
when  the  penalty  or  amount  claimed  does  not  exceed 
five  hundred  dollars. 

8.  In  an  action  upon  a  judgment  rendered  in  a  court 
of  a  Justice  of  the  Peace,  or  in  the  Municipal  Court  of 
Buffalo,  where  such  action  is  not  prohibited  by  the  pro- 
visions of  the  Code  of  Civil  Procedure. 

9.  To  take  and  enter  judgments  on  the  confession  of 
a  defendant,  when  the  amount  confessed  shall  not  exceed 
five  hundred  dollars,  in  the  manner  prescribed  by  sec- 
tions three  thousand  and  ten,  three  thousand  and  eleven, 
and  three  thousand  and  twelve  of  the  Code  of  Civil  Pro- 
cedure. 

10.  In  an  action  for  damages  for  fraud  in  the  sale, 
purchase,  or  exchange  of  personal  property,  if  the  dam- 
ages claimed  do  not  exceed  five  hundred  dollars. 

11.  In  an  action  to  recover  the  possession  of  personal 
property  claimed,  the  value  of  which,  as  stated  in  the 
affidavit  of  the  j)laintiff,  shall  not  exceed  five  hundred 
dollars,  the  same  proceedings  to  be  had  as  are  provided 
by  law  to  be  had  in  the  justices'  court. 

12.  In  summary  proceedings  under  title  two,  chapter 
seventeen,  of  the  Code  of  Civil  Procedure,  to  recover 
possession  of  land,  and  to  remove  tenants  and  others, 
the  process  to  be  made  returnable  before  said  court  by 
its  proper  title.     Where  the  proceeding  is  brought  for 


Title  XXII.']  REVISED    CITY   CHARTER.  245 

the  non-payment  of  rent,  the  court  must  specify  the 
amount  of  rent  due  and  unpaid  to  the  petitioner,  if  any, 
at  the  time  of  the  commencement  of  the  proceedings,  in 
its  final  order,  and  hkewise  the  hour  of  the  entry  of  such 
order,  and  no  warrant  for  the  removal  of  the  tenant  shall 
issue  mitil  after  the  expiration  of  twenty-four  hours  after 
the  entry  of  such  final  order. 

13.  In  actions  or  proceedings  under  the  statute  for 
the  enforcement  of  the  liens  of  mechanics  and  others, 
where  the  amount  of  the  lien  does  not  exceed  the  sum  of 
five  hundred  dollars,  the  same  proceedings  to  be  had  as 
are  provided  by  law  to  be  had  in  justices'  courts.  The 
court  shall  also  have  jurisdiction  in  an  action  commenced 
for  the  recovery  of  a  fine  or  penalty  for  the  violation  of  an 
ordinance  of  the  city,  and  in  an  action  or  proceeding  in- 
stituted for  the  punishment  of  any  person  for  the  offense 
of  violating  any  such  ordinance. 

14.  In  action  commenced  by  an  attachment  of  prop- 
erty, as  now  provided  by  statute,  if  the  debt  or  damage 
claimed  do  not  exceed  five  hundred  dollars. 

15.  In  htigated  actions  or  proceedings,  it  shall  also 
have  power  to  make  such  rules  and  regidations  for  the 
trial,  adjournment,  or  other  disposition  of  such  actions  or 
proceedings  as,  in  its  discretion,  shall  seem  just  and 
proper,  and  not  othenvise  provided  for  by  law. 

Thus  amended  by  L.  1894,  c.  691,  Sec.  2,  and  L.  1898, 
c.  101,  Sec.  1. 

§  457.  Process  shall  be  made  returnable  before  the 
court  by  its  proper  title,  and  shall  be  signed  by  a  judge, 
or  any  clerk  of  the  court.  Either  of  the  judges  may  hold  the 
court  and  may  hear,  try,  and  determine  any  case  or  pro- 
ceedings brought  therein,  where  there  is  no  demand  for  a 
jury,  or  preside  at  a  trial  by  jury.  The  process,  plead- 
ings, practice,  trial  by  the  court  or  by  juiy,  judgment  by 
action  or  confession  and  proceedings  thereon  shall  be  the 
same  as  are  now  provided  by  law^  for  justices'  courts^ 
except  as  otherwise  provided  in  this  act.     The  provisions 


246  REVISED    CITY    CHARTER.  [Title  XXII. 

of  chapter  live  hujidred  a;id  five  of  the  laws  of  eighteen 
hundred  and  eighty-nine  shall  not  apply  to  this  court. 
The  provisions  of  sections  twenty-nijie  hundred  and 
ninety  to  twenty-jiinc  hundred  and  ninety-seven,  inclu- 
sive, of  the  Code  of  Civil  Procedure,  as  they  existed  at  the 
time  of  the  passage  of  chaj)ter  five  hundred  and  five  of 
the  laws  of  eighteen  hundred  and  eighty-nme,  shall  re- 
main in  full  force  and  be  applicable  to  this  court.  In  an 
action  brought  in  said  court,  a  jury  trial  shall  be  waived 
unless  a  jury  shall  be  called  at  the  time  when  issue  is 
joined  or  upon  the  first  adjourned  day  of  the  same,  and  a 
sufficient  sum  of  money  to  })ay  for  the  venire  and  con- 
ducthig  and  paying  such  juiy  shall  be  deposited  with  a 
clerk  at  the  time  of  making  such  call.  Where  a  jury 
trial  is  had  the  court  is  vested  with  the  same  powers  be- 
fore a  verdict  is  rendered  as  are  conferred  by  law  upon 
the  Supreme  Court  in  the  trial  of  an  action  before  it.  In 
cases  where  the  defendant  is  required  by  law  to  give  bail 
on  application  for  an  adjournment,  the  amount  of  the 
penalty  of  the  bond  shall  be  fixed  by  the  court,  but  shall 
not  in  any  case  exceed  six  hundred  dollars.  Appeals 
may  be  had  from  judgments  of  said  court  to  the  Supreme 
Court,  Erie  County,  in  the  same  cases,  in  the  same  man- 
ner, and  with  like  effect  as  appeals  are  now  had  by  law 
to  the  County  Court  from  judgments  obtauied  in  jus- 
tices' courts,  except  where  an  undertaking  has  been  given 
it  shall  not  be  necessaiy,  when  such  appeal  is  taken,  to 
deposit  with  the  clerk  of  said  court  the  statutoiy  costs 
provided  for  by  this  act,  and  except  that  in  case  of  an 
appeal  where  a  new  trial  is  not  demanded  the  appellant 
shall  have  the  right  to  appeal  to  the  Special  Term  or  the 
Appellate  Division  of  said  Supreme  Court  upon  complying 
with  the  rules  of  said  courts  but  shall  specify  his  election 
in  the  notice  of  appeal.  An  appeal  may  be  taken  from  a 
judgment  of  the  Special  Tterm  to  the  Appellate  Division. 
But  the  appellate  court  may,  in  its  discretion,  set  aside 
the  judgment  appealed  from,  or  stay  proceedings  there- 
under, and  by  order  direct  a  new  trial  before  said  Munici- 


Title  XXII.]  REVISED    CITY    CHARTER,  247 

pal  Court  at  such  a  time  specified  in  said  order,  and  upon 
such  terms  as  it  deems  proper.  Upon  such  appeal  the 
appellant,  upon  reversal,  shall  include  in  his  bill  of  costs, 
and  the  clerk  of  the  appellate  court  shall  tax  the  costs 
and  disbursements  that  he  would  have  been  entitled  to 
in  this  court  had  the  judgment  in  this  court  been  in  his 
favor,  in  addition  to  the  costs  provided  for  by  the  Code 
of  Civil  Procedure,  and  shall  be  entitled  to  include  the 
same  in  his  judgment.  The  Municipal  Court  shall  not 
have  cognizance  of  any  action  where  the  title  to  real 
property  shall  come  in  question ;  but  where  such  question 
arises  the  pleadings  and  practice  shall  be  the  same  as 
now  provided  by  law  for  justices'  courts  in  like  cases. 

Thus  amended  by  L.  1893,  c.  245,  Sec.  2;  L.  1894,  c. 
691,  Sec.  3;  L.  1895,  c.  805,  Sec.  33,  and  L.  1898,  c.  101, 
Sec.  2. 

§  458.  Any  clerk  of  the  court  on  the  demand  of  a 
party  in  whose  favor  judgment  shall  have  been  rendered 
shall  give  a  transcript  thereof,  stating  the  names  of  the 
parties,  plaintiff  and  defendant,  the  date  of  the  rendition 
of  the  judgment,  in  whose  favor  rendered,  the  amount 
thereof,  the  date  of  issue  of  such  transcript,  the  name  of 
the  attorney,  if  any,  who  appeared  for  the  party  in  whose 
favor  the  judgment  was  rendered,  which  may  be  filed 
and  docketed  in  the  office  of  the  Clerk  of  Erie  County; 
the  time  of  the  receipt  of  the  transcript  by  said  last- 
named  clerk  shall  be  noted  thereon  and  entered  in  his 
docket,  and  from  that  time  the  judgment  shall  be  a 
judgment  of  the  County  Court.  Such  attorney  shall 
thereafter  have  the  same  power  and  authority  to  cancel 
and  discharge  such  judgment  that  is  now  vested  in  attor- 
neys where  a  judgment  is  recovered  in  a  court  of  record. 
A  certified  transcript  of  such  judgment  may  be  filed  and 
docketed  in  the  clerk's  office  of  any  other  county,  and 
with  like  effect  in  every  respect  as  in  the  county  where 
the  judgment  was  rendered,  except  that  it  shall  be  a  lien 
only  from  the  time  of  filing  and  docketing  the  transcript. 


248  REVISED    CITY   CHARTER.  [Title  XXII. 

But  no  such  judgment  for  a  sum  less  than  twenty-five 
dollars  exclusive  of  costs,  shall  be  a  lien  upon  or  enforced 
against  real  property.  The  pleadings  shall  be  (1)  the 
complaint  by  the  plaintiff,  and  (2)  the  ans^\'er  by  the 
defendant.  The  pleadings  shall  be  oral  or  in  writing. 
If  oral,  the  substance  thereof  shall  be  entered  in  the 
docket  of  the  court ;  if  in  writing,  they  shall  be  subscribed 
by  the  party  or  his  attorney,  and  shall  be  filed,  and  a 
reference  to  them  shall  be  made  in  the  docket,  but  such 
pleadings  need  not  be  verified  except  as  hereinafter  pro- 
vided. If  a  party  appears  by  an  attomey-at-law,  the 
pleadings  of  such  party  shall  be  in  writing  unless  the 
court  shall  othenvise  direct.  The  complaint  shall  state, 
in  a  plain  and  direct  manner,  the  facts  constituting  the 
cause  of  action.  The  ans\^'er  may  contain  a  denial  of  the 
complaint,  or  of  any  part  thereof  and  also  a  notice,  in  a 
plain  and  direct  manner,  of  any  facts  constituting  a  de- 
fense or  counterclaim.  Either  party  may  demur  to  any 
pleading  of  his  adversary,  or  any  part  thereof,  when  it  is 
not  sufficiently  exphcit  to  enable  him  to  understand  it, 
or  if  it  contains  no  cause  of  action  or  defense,  although 
it  be  taken  as  tnae.  If  the  court  deems  the  objection 
well  founded,  it  shall  order  the  pleadings  to  be  amended, 
and  if  the  party  who  interposes  it  refuses  to  amend,  the 
defective  pleadings  shall  be  disregarded.  In  case  a  de- 
fendant does  not  appear  and  answer  the  plaintiff  cannot 
recover,  except  as  othenvise  provided  in  sections  four 
hundred  and  fifty-nine  and  four  hundred  and  sixty  of 
this  act,  without  proving  his  case.  In  an  action  or  de- 
fense fomided  upon  an  account  or  instrument  for  the 
payment  of  money  only,  it  shall  be  sufficient,  except  as 
othenN'ise  provided  in  sections  four  hundred  and  fifty- 
nine  and  four  hundred  and  sixty  of  this  act,  for  the  party 
to  deliver  the  account  or  uistrument  to  the  court,  and  to 
state  that  there  is  due  to  him  thereon  from  the  adverse 
party  a  specified  sum,  which  he  claims  to  recover  or  set 
off.  A  variance  between  the  proof  on  the  trial  and  the 
allegations  ui  the  pleadings  shall  be  disregarded  as  im- 


Title  XXIL]  REVISED  city  charter.  249 

material  unless  the  court  shall  be  satisfied  that  the  ad- 
verse party  has  been  misled  to  his  prejudice  thereby. 
The  pleadings  may  be  amended  at  any  time  before  or 
during  the  trial,  or  upon  appeal,  when,  by  such  amend- 
ment, substantial  justice  will  be  promoted.  If  the 
amendment  be  made  after  the  joining  of  issue,  and  it  be 
made  to  appear  to  the  satisfaction  of  the  court,  by  oath, 
that  an  adjournment  is  necessary  to  the  adverse  party 
in  consequence  of  such  an  amendment,  an  adjournment 
shall  be  granted.  The  court  may  also,  in  its  discretion, 
require  as  a  condition  of  amendment,  the  payment  of 
costs  to  the  adverse  party.  Execution  may  be  issued 
on  a  judgment  heretofore  or  hereafter  rendered  at  any 
time  within  five  years  after  the  rendition  thereof,  and 
shall  be  returned  within  sixty  days  after  it  is  issued.  If 
the  judgment  be  docketed  with  the  Coimty  Clerk,  the 
execution  shall  be  issued  by  him  to  the  sheriff  of  the 
county,  and  have  the  same  effect,  and  be  executed  in  the 
same  manner  as  other  executions  and  judgments  of  the 
County  Court.  The  Municipal  Court  may,  at  the  joining 
of  issue,  require  either  party,  at  the  request  of  the  other, 
at  that  or  some  other  specified  time,  to  exhibit  the  items 
of  his  account  or  demand,  or  state  the  nature  thereof,  as 
far  as  may  be  in  his  power,  and  in  case  of  his  default  pre- 
clude him  from  giving  evidence  of  such  part  thereof  as 
shall  not  have  been  so  exhibited  or  stated.  The  defend- 
ant may,  on  the  return  day  of  process,  and  before  answer- 
ing, make  an  offer  to  allow  judgment  to  be  taken  against 
him  for  an  amount  to  be  stated  in  such  offer,  with  costs, 
which  offer  the  court  shall  at  once  enter  in  its  minutes. 
The  plaintiff  shall  thereupon  and  before  any  proceedings 
shall  be  had  in  the  action,  deteimine  whether  he  will 
accept  or  reject  such  offer.  If  he  accepts  the  offer,  the 
court  shall  enter  such  acceptance  in  its  minutes,  and 
judgment  shall  be  rendered  accordingly.  If  the  plaintiff 
shall  not  accept  said  offer  and  shall  fail  to  obtain  judg- 
ment for  a  greater  amount,  exclusive  of  costs,  than  has 
been  specified  in  the  offer,  he  shall  not  recover  costs,  but 


250  REVISED    CITY    CHARTER.  ['I'itlc  XXII. 

shall  pay  to  the  defendant  his  costs  accruing  subsequent 
to  the  offer.  Section  twenty-eight  hundred  and  ninety- 
three  of  the  Code  of  Civil  Procedure  shall  not  apply  to 
actions  or  proceedings  in  said  court,  but  everj'  action  and 
proceeding  brought  therein  shall  be  called  at  the  time 
specified  in  the  mandate  or  process  by  which  it  is  com- 
menced, or  as  soon  thereafter  as  the  business  of  the  court 
will  permit.  The  authority  of  any  attorney  or  counselor 
of  the  Supreme  Court  who  shall  appear  for  any  party 
shall  be  presumed,  and  it  shall  not  be  necessaiy  for  him 
to  prove  his  authority  to  appear  or  act  for  a  party  in  said 
court.  The  forms  of  action,  parties  to  action,  the  rules 
of  evidence,  the  times  of  commencing  the  actions,  and 
the  service  of  process  upon  corporations,  as  established 
by  the  Code  of  Civil  Procedure,  shall  govern  the  practice 
in  this  court.  The  court  shall  also  have  the  power  to 
adjourn  any  case  or  proceeding  before  it,  upon  such 
terms  as  to  it  may  seem  just,  upon  application  therefor, 
where  it  is  made  to  appear  to  the  satisfaction  of  the  court , 
by  affidavit,  that  the  attorney  for  the  party  applying  for 
such  adjournment  is  actually  engaged  in  the  trial  or  argu- 
ment of  a  case  in  a  court  of  record,  or  actually  confuied 
by  reason  of  illness,  and  that  such  attorney  has  had  the 
sole  charge  and  management  of  the  case  or  proceeding 
in  which  the  application  is  made,  and  likewise  adjourn 
upon  proof  by  affidavit  of  such  illness  either  of  the  plaintiff 
or  defendant,  or  any  necessary  or  material  witness  in 
behalf  of  either  plaintiff  or  defendant;  and  likewise  ad- 
journ any  such  case  or  proceeding  without  appearances 
where  all  the  parties  thereto  are  represented  by  attorneys, 
and  such  attorneys  file  with  the  court  a  stipulation  in 
writing,  stating  the  time  to  w'hich  said  action  or 
proceeding  is  adjourned,  and  signed  by  them  and  each 
of  them.  In  an  action  l^rought  in  this  court  by  domestic 
servant  to  recover  for  services  performed  by  her,  or  by  a 
common  or  unskilled  laborer,  having  a  family  dependent 
upon  him  for  support,  for  wages  due  him,  if  the  plaintiff 
recovers  a  judgment  for  a  sum  not  exceeding  twenty-five 


Title  XXII.]  REVISED    CITY   CHARTER.  251 

dollars,  exclusive  of  costs,  no  property  of  the  defendant 
is  exempt  from  levy  and  sale  by  virtue  of  an  execution 
against  property  issued  thereupon,  and  if  such  an  execu- 
tion is  returned  wholly  or  partly  unsatisfied,  the  clerk 
must,  upon  the  apphcation  of  the  plaintiff,  and  the  order 
of  the  judge  of  said  court,  issue  an  execution  against  the 
person  of  the  defendant  for  the  sum  remaining  uncol- 
lected. A  defendant  arrested  by  virtue  of  an  execution 
so  issued  against  his  or  her  person,  must  be  actually 
confined  in  the  jail,  and  is  not  entitled  to  the  hberties 
thereof,  but  he  or  she  must  be  discharged  after  having 
been  so  confined  fifteen  days.  After  his  or  her  discharge 
an  execution  against  his  or  her  person  cannot  be  issued 
upon  the  judgment,  but  the  judgment  creditor  may 
enforce  judgment  against  property  as  if  the  execution 
from  which  the  judgment  debtor  is  discharged  had  been 
returned  without  his  or  her  being  taken.  In  an  action  to 
recover  a  sum  of  money  for  wages  earned  only  by  a 
domestic  servant,  or  a  common  or  unskilled  laborer,  as 
aforesaid,  the  plaintiff,  if  entitled  to  costs,  shall  recover 
the  sum  of  five  dollars  as  costs  in  addition  to  the  costs 
allowed  by  section  four  hundred  and  sixty-two  of  this 
act,  but  to  entitle  the  plaintiffs  to  the  benefits  of  this 
section,  it  must  appear,  upon  the  face  of  the  complaint, 
or  affirmative  proof  must  be  made,  that  the  plaintiff  has 
made  a  personal,  just,  and  reasonable  demand  for  the 
amount  claimed  from  the  defendant,  prior  to  the  com- 
mencement of  such  action;  and  in  a  case  for  common  or 
unskilled  labor  that  such  family,  dependent  upon  the 
plaintiff  for  support,  resides  within  the  state  of  New 
York,  and  that  such  labor  was  performed  within  the 
city  of  Buffalo.  When  the  employee  is  the  plaintiff  in 
the  action,  she  or  he  is  entitled,  upon  a  settlement  thereof, 
to  the  full  amount  of  costs  which  she  or  he  would  have 
recovered  if  the  judgment  had  been  rendered  in  her  or 
his  favor  for  the  sum  received  by  her  or  him  upon  the 
settlement.  Where  a  complaint  is  served  with  the 
summons  in  such  action,  and  the  name  of  the  attorney 


252  REVISED    CITY   CHARTER.  [Title  XXII. 

for  the  plaintiff  is  subscribed  to  such  complaijit,  a  hen 
for  the  said  amount  of  costs  shah  immediately  accme  in 
favor  of  said  attorney,  and  no  settlement  between  the 
parties  to  such  action  shall  defeat  his  right  thereto;  and 
the  said  attorney  shall,  upon  j^roof  of  a  settlement  bene- 
ficial to  the  plaintiff,  be  entitled  to  judgment  in  said 
action  for  said  costs,  and  shall  have  the  same  rights  for 
the  enforcement  and  collection  thereof  as  hereinbefore 
specified.  The  above  provisions  in  regard  to  an  action 
brought  by  a  domestic  servant  shall  also  apply  in  an 
action  brought  by  any  female  for  work  done  by  her, 
whether  the  same  be  done  by  her  in  her  own  home  or  in 
the  home,  place  of  business,  or  shop  of  her  employer,  and 
shall  likewise  apply  to  any  and  all  mechanics  having  a 
family  dependent  upon  them  for  support,  as  aforesaid. 
Thus  amended  by  L.  1893,  c.  245,  Sec.  3;  L.  1894, 
c.  691,  Sec.  4;  L.  1895,  c.  805,  Sec.  34,  and  L.  1898,  c.  101, 
Sec.  3. 

§  459.  In  an  action  brought  in  this  court  arising  on 
contract  for  the  recoveiy  of  money  only,  or  upon  account, 
the  plaintiff,  at  the  time  of  issuing  the  summons,  may 
file  with  the  clerk  of  the  court  a  written  complaint,  setting 
forth  in  a  plain  and  concise  manner  the  facts  or  items  of 
account  constituting  the  cause  of  action,  specifying  the 
amount  actually  due  from  the  defendant  to  the  plaintiff, 
and  for  which  the  plaintiff  will  demand  judgment.  Such 
complaint  shall  be  subscribed  by  the  plaintiff,  or  his 
attorney,  and  shall  be  verified  in  the  manner  prescribed 
by  the  Code  of  Civil  Procedure.  Said  summons  ajid  com- 
plaint shall  be  served  at  the  same  time  by  delivering  to 
and  leaving  with  the  defendant  personally  a  copy  thereof. 

Thus  amended  by  L.  1894,  c.  691,  Sec.  5. 

§  460.  In  case  the  defendant  appears  and  answers  said 
complaint,  such  ans\^•er  shall  be  in  writing,  and  sub- 
scribed by  the  defendant,  or  his  attorney,  and  shall  be 
verified  as  above  provided  for  the  verification  of  the 
complaint,  and  shall  contain  first,  a  general  or  specific 


k 


Title  XXn.\  REVISED    CITY   CHARTER.  253 

denial  of  each  material  allegation  of  the  complaint  con- 
troverted by  the  defendant,  or  of  any  knowledge  or  in- 
formation thereof  sufficient  to  form  a  belief;  second,  a 
plain  statement  of  any  new  matter  constituting  a  defense 
or  counterclaim.  All  allegations  in  a  verified  complaint 
not  denied  by  the  answer,  upon  a  trial  or  other  deter- 
mination of  the  action,  shall  be  taken  as  admitted  by 
the  defendant. 

§  461.  In  case  the  defendant  fails  to  answer  the  com- 
plaint, as  herein  provided,  he  shall  be  deemed  to  have 
admitted  the  allegations  of  the  complaint,  and  the  court, 
upon  the  filing  of  the  summons  and  complaint,  with  the 
proof  of  due  service  thereof,  shall  forthwith  enter  judg- 
ment for  the  plaintiff  for  the  amount  demanded  in  the 
complaint  with  costs  and  disbursements,  without  further 
proof. 

Thus  amended  by  L.  1894,  c.  691,  Sec.  6. 

§  462.  In  all  actions  brought  in  this  court,  there  shall 
be  allowed  by  way  of  indemnity  to  the  plaintiff,  if  he  be 
the  prevailing  party,  and  shall  have  appeared  by  an 
attorn ey-at-law,  the  following  sums  at  costs, which  shall 
be  included  in  the  judgment : 

1.  When  the  damages  recovered  amount  to  twenty- 
five  dollars,  but  do  not  amount  to  one  hundred  dollars, 
and  where  actions  are  for  wages,  even  if  the  recovery  does 
not  amount  to  twenty-five  dollars,  the  sum  of  three 
dollars. 

2.  When  the  damages  recovered  amount  to  one  hun- 
dred dollars,  but  do  not  amount  to  two  hundred  dollars, 
the  sum  of  five  dollars. 

3.  When  the  damages  recovered  amount  to  two  hun- 
dred dollars,  but  do  not  amount  to  three  hundred  dollars, 
the  sum  of  seven  dollars. 

4.  When  the  damages  recovered  amount  to  three 
hundred  dollars  or  more,  the  s\mi  of  ten  dollars. 


254  REVISED    CITY    CHARTER.  [Title  XXII. 

5.  Where  issue  has  been  joined  upon  a  question  of 
fact,  there  shall  be  allowed  to  the  plaintiff,  in  addition  to 
the  sums  hereinbefore  specified,  where  the  damages  re- 
covered amount  to  the  sum  of  fifty  dollars,  and  do  not 
exceed  the  sum  of  one  hundred  dollars,  the  sum  of  five 
dollars;  where  the  damages  recovered  amount  to  one 
hundred  dollars,  and  do  not  exceed  the  sum  of  two  hun- 
dred dollars,  the  sum  of  ten  dollars;  where  the  damages 
recovered  exceed  the  sum  of  two  hundred  dollars,  the 
sum  of  fifteen  dollars;  and  if  on  a  trial  of  such  issue,  the 
defendant  prevail,  or  the  action  is  discontinued  or  dis- 
missed, he  shall  be  entitled  to  have  judgment  rendered 
against  the  plaintiff  for  the  amount  of  the  fees  and  dis- 
bursements allowed  the  defendant  by  law,  and  also  addi- 
tional costs  as  follows:  When  the  plaintiff  shall  have 
demanded  in  his  complaint,  or  sought  to  obtain  upon  the 
trial,  judgment  against  the  defendant  for  fifty  dollars  or 
more,  but  less  than  one  hundred  dollars,  the  sum  of  eight 
dollars;  "when  the  plaintiff  shall  have  demanded  in  his 
complaint,  or  sought  to  obtain  upon  the  trial,  judgment 
against  the  defendant  for  one  hundred  dollars  or  more, 
but  less  than  two  hundred  dollars,  the  sum  of  fifteen 
dollars;  when  the  plaintiff  shall  have  demanded  in  his 
complaint,  or  sought  to  obtain  upon  the  trial,  judgment 
against  the  defendant  for  the  amount  of  two  hundred 
dollars,  or  more,  but  less  than  three  hundred  dollars,  the 
sum  of  seventeen  dollars;  when  the  plaintiff  ^hall  have 
demanded  hi  his  complaint,  or  sought  to  obtain  upon  the 
trial,  judgment  against  the  defendant  for  three  hundred 
dollars  or  more,  the  sum  of  twenty-five  dollars.  If  the 
action  brought  by  the  plaintiff  is  for  a  sum  less  than  fifty 
dollars,  and  the  defendant  shajl  have  interposed  a  coun- 
terclaim, and  a  trial  is  Had  thereunder,  and  the  defendant 
prevails,  upon  his  counterclaim  he  shall  be  entitled  in 
addition  to  the  costs  and  disbursements  aforesaid,  to 
additional  costs  as  follows:  Where  the  counterclaim 
recovered  amounts  to  fifty  dollars,  and  does  not  exceed 
the  sum  of  one  hundred  dollars,  the  sum  of  eight  dollars; 


Title  XXII.]  RE^^SED  city  charter.  255 

where  the  counterclaim  recovered  amounts  to  one  hun- 
dred dollars  and  does  not  exceed  the  sum  of  two  hundred 
dollars,  the  sum  of  fifteen  dollars ;  where  the  counterclaim 
recovered  amounts  to  two  hundred  dollars  and  does  not 
exceed  the  sum  of  three  hundred  dollars,  the  sum  of 
seventeen  dollars;  where  the  counterclaim  recovered 
exceeds  the  sum  of  three  hundred  dollars,  the  sum  of 
twenty-five  dollars. 

6.  Where  a  commission  is  issued  on  behalf  of  the 
plaintiiT  or  defendant,  to  the  prevailing  party  the  sum 
of  ten  dollars,  in  addition  to  the  fees  or  disbursements 
now  provided  for  by  the  Code  of  Civil  Procedure. 

Thus  amended  by  L.  1893,  c.  468,  Sec.  4;  L.  1894,  c. 
691,  Sec.  7,  and  L.  1898,  c.  101,  Sec.  4. 

§  463.  Judgment  shall  be  rendered  forthwith  in  the 
Municipal  Court  of  Buffalo  in  the  following  cases :  Upon 
the  confession  of  the  defendant,  non-suit,  discontinuance 
or  withdrawal  of  the  action,  or  the  verdict  of  a  jury,  and 
in  all  cases  where  a  defendant  is  in  custody,  at  the  close 
of  the  trial;  in  all  other  cases  within  ten  days  after  the 
cause  shall  have  been  finally  submitted,  except  in  cases 
where  all  the  parties  are  represented  by  attorneys,  and 
shall  extend  the  time  by  stipulation,  in  which  case, 
within  the  time  mentioned  in  said  stipulation.  The 
clerk  or  clerks  shall  enter  all  judgments  rendered  in 
said  court  in  its  docket  within  ten  days  from  the  rendi- 
tion thereof. 

Thus  amended  by  L.  1893,  c.  245,  Sec.  5;  L.  1894, 
c.  691,  Sec.  8,  and  L.  1895,  c.  805,  Sec.  35. 

§  464.  In  all  actions  and  proceedings  brought  in  said 
court,  there  shall  be  paid  to  a  clerk  thereof,  to  be  de- 
posited as  provided  in  section  four  hundred  and  sixty- 
seven  of  this  act,  the  following  fees :  In  an  action  where 
the  amount  claimed  does  not  exceed  the  sum  of  twenty- 
five  dollars,  the  sum  of  twenty-five  cents;  where  the 
amount  claimed  exceeds  twenty-five  dollars,  but  does  not 


256  REVISED    CITY    CHARTER.  [Titlc  XXII. 

exceed  the  sum  of  fifty  dollars,  the  sum  of  fifty  cents; 
where  the  amount  exceeds  the  sum  of  fifty  dollars,  but 
does  not  exceed  the  sum  of  one  hundred  dollars,  the  sum 
of  one  dollar,  and  where  the  amount  claimed  exceeds  the 
sum  of  one  hiuidred  dollars,  the  sum  of  two  dollars;  in 
cases  where  a  writ  of  replevin,  attachment,  or  an  order  of 
arrest  is  issued,  the  sum  of  fifty  cents  in  addition  thereto; 
in  proceedings  for  the  removal  of  a  tenant,  the  sum  of 
fifty  cents;  for  drawing  a  petition  for  such  removal,  if 
drawn  by  a  clerk,  the  sum  of  twenty-five  cents;  for  issuing 
a  subpa'na  in  an  action  or  proceeding,  the  sum  of  twen- 
ty-five cents;  for  issuing  a  commission  in  an  action  or 
proceeding,  the  sum  of  fifty  cents;  upon  demand  of  a 
trial  by  juiy,  the  sum  of  five  dollars;  for  the  trial  of  an 
issue  of  law,  fifty  cents;  for  the  trial  of  an  issue  of  fact, 
when  the  time  occupied  in  such  trial  shall  not  exceed 
one  day,  seventy-five  cents,  and  for  each  additional  day 
occupied  in  said  trial,  the  sum  of  fifty  cents;  for  making 
a  return  upon  appeal  from  a  judgment,  the  sum  of  two 
dollars,  and  whenever  it  shall  be  necessaiy,  upon  such 
appeal,  to  make  return  of  the  evidence  taken  upon  the 
trial  of  the  action  or  proceeding  in  which  said  judgment 
shall  have  been  rendered,  and  said  evidence  shall  exceed 
in  length  fifty  folios  of  one  hundred  words  each,  the  sum 
of  five  cents  for  each  folio  of  such  evidence  exceeding 
fifty,  except  where  evidence  has  been  taken  by  the  official 
stenographer  in  which  case  the  official  stenographer  shall 
file  a  transcript  of  such  evidence  with  the  court,  which 
shall  form  a  \ydri  of  the  return,  and  be  furnished  without 
cost,  provided  such  evidence  shall  not  exceed  in  length 
fifty  folios;  should  such  evidence,  however,  exceed  fifty 
folios  in  length,  the  stenographer  shall  charge  and  receive 
therefor,  for  his  own  benefit,  from  the  party  demanding 
such  return  upon  appeal,  the  sum  of  five  cents  for  each 
folio  of  evidence  in  excess  of  the  fifty  hereinbefore  men- 
tioned. In  case  a  person  is  arrested  and  brought  into 
court  for  a  violation  of  a  city  ordinance,  without  process, 
and  is  adjudged  guilty  of  such  violation,  there  shall  be 


Title  XXII.]  REVISED    CITY    CHARTER.  257 

included  in  the  judgment  rendered  against  such  person 
the  sum  of  one  dollar  and  fifty  cents  as  costs,  and  if  a 
trial  be  had  the  additional  fee  above  specified.  In  all 
actions  and  proceedings  brought  in  this  court,  except 
where  the  city  of  Buffalo  is  plaintiff,  the  fees  above  speci- 
fied must  be  paid  to  a  clerk  of  the  court  in  advance. 
Upon  proof  of  the  inabihty  to  serve  a  summons  or  writ 
because  of  the  defendant  therein  having  died  or  having 
removed  out  of  the  city,  or  for  any  other  cause  which  a 
judge  of  the  said  court  may  deem  sufficient,  the  said 
judge  may  order  a  return  and  payment  to  the  plaintiff  of 
the  amount  paid  into  said  court  for  said  summons  or  writ, 
and  upon  filing  said  order  and  the  voucher  therefor  the 
clerk  of  said  court  shall  i-epay  said  sum  or  sums  to  said 
plaintiff. 

Thus  amended  by  L.  1893,  c.  245,  Sec.  6;  L.  1895, 
c.  805,  Sec.  36,  and  L.  1898,  c.  101,  Sec.  5. 

§  465.  Either  of  the  judges  may  issue  a  criminal  war- 
rant, upon  due  complaint,  for  the  arrest  of  any  person 
charged  with  crime  committed  within  the  city  of  Buffalo, 
but  such  warrant  must  be  signed  by  the  judge  hearing 
the  complaint,  and  made  returnable  before  the  Police 
Justice.  Each  judge,  while  sitting  as  such,  shall  have 
power  to  punish,  in  a  summaiy  manner,  anj^  contempt 
when  committed  in  his  immediate  view  and  presence. 

§  466.  The  court  shall  have  an  official  seal,  to  be  fur- 
nished by  the  city,  on  which  shall  be  engraved  the  words 
"Municipal  Court  of  Buffalo"— ''Seal."  The  clerk  of 
the  court  shall  have  the  custody  of  such  seal,  and  any 
certificate  made  by  him  under  his  hand  and  seal  of  the 
court  of  any  fact  or  matter  to  which,  by  this  act,  he  shall 
be  entitled  to  certify,  shall  be  received  in  evidence  in  all 
courts  and  places,  and  be  of  the  same  force  and  effect  as 
if  the  court  were  a  court  of  record.  The  court  shall 
have  a  clerk,  one  deputy  clerk,  and  such  additional  special 
deputy  or  other  clerks  as  the  Common  Council  of  the 
said  city  shall  authorize,  to  be  appointed  by  the  judges; 


258  Ki;\isi:i)  (  itv  chahtki;.  [Title  XXII. 

such  appoint iiieuts  to  be  in  writing  and  filed  with  tlie 
Clerk  of  Erie  County.  The  clerk,  deputy  clerk,  and 
special  deputy,  and  other  clerks  shall  take  the  usual  oath 
of  office,  and  shall  file  the  same  with  the  County  Clerk, 
and  shall  hold  office  during  the  pleasure  of  the  judges. 
Each  clerk  shall  give  bail  for  the  faithful  performance  of 
his  duties,  in  such  form,  and  for  such  sum,  and  with  such 
sureties,  as  shall  be  approved  by  the  judges,  and  file  the 
same  with  the  Treasurer  of  the  city.  It  shall  be  the  duty 
of  the  clerk,  or  in  case  of  sickness,  inability  or  absence 
on  his  i)art,  of  any  of  the  other  clerks,  to  call  the  calen- 
dar of  actions  and  proceedings  pending  in  said  court, 
and  such  clerk  calling  such  calendar  shall  have  power  to 
enter  judgment  in  any  such  action  and  a  final  order  or 
judgment  of  dismissal  in  any  svich  proceeding  in  case  of 
default  by  either  party,  and  shall  have  power  to  adminis- 
ter the  necessary  oath  and  take  proof  for  that  purpose, 
and  shall  have  power  to  adjouni  any  such  action  or  pro- 
ceeding, in  case  issue  is  joined  therein,  and  no  question 
is  raised  as  to  the  sufficiency  of  any  such  issue;  but  in 
case  any  objection  is  raised  to  the  legality  or  sufficiency 
of  any  summons,  warrant,  demurrer,  petition,  precept, 
answer,  or  any  process,  mandate  or  notice  in  any  such 
action  or  proceeding,  he  shall  direct  the  parties  or  attor- 
neys to  appear  before  one  of  the  judges  of  the  court,  and 
the  judge  before  whom  the  said  parties  or  attorneys 
appear  shall  dispose  of  such  objection;  and  shall  like- 
wise have  power  to  adjourn  any  action  or  proceeding 
after  joinder  of  issues,  where  both  parties  consent  to 
such  adjournment.  It  shall  be  the  duty  of  the  clerks  to 
keep  in  the  docket  of  the  court  a  complete  and  accurate 
record  of  all  processes  issued  and  returned  thereon  to  the 
court,  of  all  the  proceedings  in  ajiy  action  or  proceeding 
brought  in  the  court,  of  all  moneys  paid  into  court,  or 
received  by  them;  to  keep  the  seal  of  the  court,  and  to 
affix  it  to  the  certificate  of  the  transcript  of  the  docket 
of  a  judgment,  or  any  other  certificate  when  required  so 
to  do,  and  to  file  papers  so  delivered  to  him  for  that  pur- 


Title  XXII-I  REVISED   CITY   CHARTER.  259 

pose  in  any  action  or  proceeding  and  safely  keep  them; 
to  authenticate  by  a  certificate  of  exemplification,  as  may 
be  required,  the  records  of  proceedings  of  the  court,  or 
any  other  paper  appertaining  thereto  filed  with  him,  and 
to  enter  in  said  docket  the  judgment  and  decision  of  said 
court.  The  docket  shall  be  evidence  in  the  courts  of 
this  state  to  the  same  extent  as  the  docket  of  a  Justice 
of  the  Peace.  The  judges  and  all  clerks  of  said  court 
shall  each  have  the  same  power  to  administer  oaths  and 
take  acknowledgments  as  a  Justice  of  the  Peace  of  towns. 

Thus  amended  by  L.  1893,  c.  245,  Sec.  7,  and  L.  1895, 
c.  805,  Sec.  37. 

§  467.  In  all  actions  and  proceedings  brought  in  this 
court,  the  clerks  shall  keep  an  accurate  minute  of  the 
fees  provided  for  by  section  four  hundred  and  sixty-four 
of  this  act,  upon  the  docket  of  the  court  at  the  time  of 
receiving  the  same.  It  shall  be  the  duty  of  said  clerk 
to  pay  over  the  amount  thereof,  and  to  file  a  statement 
of  the  items  of  said  fees  with  such  officers  of  the  city  of 
Buffalo,  at  such  times  and  in  such  manner  as  the  Com- 
mon Council  of  said  city  shall  by  ordinance  prescribe. 
And  such  clerks  shall  also  keep  such  blanks  as  may  be 
necessary  for  keeping  the  records  of  the  business  of  said 
court,  and  such  records  shall  be  kept  in  such  manner  as 
the  Common  Council  shall  by  ordinance  prescribe,  but 
the  duties  of  said  clerks  shall  continue  to  be  discharged 
in  the  manner  now  prescribed  by  the  charter  until  such 
time  as  the  Common  Council  shall  duly  enact  ordinances 
prescribing  the  manner  in  which  said  duties  shall  be 
performed.  The  salary  of  such  clerks  shall  not  be  paid 
until  they  have  accounted  for  such  fees  as  prescribed  by 
ordinance,  and  neither  of  them  shall  perform  any  service 
for  any  party  except  the  city  until  he  shall  have  received 
the  legal  fees  therefor  as  fixed  by  this  act. 

Thus  amended  by  L.  1893,  c.  245,  Sec.  8;  L.  1895, 
c.  805,  Sec.  38,  and  L.  1898,  c.  101,  Sec.  6. 


10 


260  REVISED    CITY   CHAHTKR.  [Title  XXTI. 

§  468.  Each  judge  may  appoint  and  at  pleasure 
remove  a  clerk  who  shall  l)e  a  stenographer.  The  judge 
making  such  appointment  shall  file  a  certificate  of  every 
appointment  or  removal  made  by  him  in  the  office  of  the 
City  Clerk.  Before  entering  upon  the  duties  of  his  office, 
each  clerk  and  stenographer  shall  take  and  subscribe  the 
constitutional  oath  of  office  and  file  the  same  in  the  office 
of  the  City  Clerk.  It  shall  be  the  duty  of  each  clerk  and 
stenographer  to  act  as  secretaiy  to  the  judge  appointing 
him,  perform  such  other  duties  of  a  confidential  nature 
as  he  may  be  directed  to  perform  by  said  judge,  and  also 
to  act  as  official  stenographer  to  the  court  and  to  take 
stenographic  minutes  of  the  testimony  and  other  pro- 
ceedings in  all  cases  tried  before  the  court,  except  when 
the  judges  sitting  at  the  trial  shall  dispense  with  such 
services.  Each  clerk  and  stenographer  shall  transcribe 
fully  and  at  length  the  minutes  of  each  case  so  taken  by 
him,  in  written  or  printed  characters  and,  when  so  di- 
rected by  the  court,  file  the  same  with  the  clerk,  who 
shall  cause  the  same  to  be  preserved  with  other  papers 
in  such  case,  in  the  office  of  the  clerk,  except  as  provided 
in  section  four  hundred  and  sixty-four.  Each  clerk  and 
stenographer  shall  also  furtiish  two  copies  to  parties  on 
direction  of  the  court,  vvithout  cost.  Each  clerk  and 
stenographer  shall  preserve  the  original  minutes  taken 
by  him  in  every  case,  and  upon  the  order  of  the  court 
file  the  same  with  the  clerk.  Each  clerk  and  stenogra- 
pher shall  deliver  to  his  successor  in  office  all  the  minutes 
taken  by  him  which  shall  not  have  been  filed  Aith  the 
clerk,  and  shall  act  in  all  matters  connected  with  his 
office  in  accordance  with  the  directions  of  the  judge 
appointing  him.  Each  clerk  and  stenographer  may, 
after  he  shall  have  filed  in  the  office  of  the  clerk  the 
transcript  of  his  minutes  herein  provided  for,  furnish  to 
anyone  applying  therefor,  a  transcript  of  said  minutes, 
and  may  charge  and  receive  therefor  from  the  person  to 
whom  he  shall  furnish  the  same  the  sum  of  five  cents  for 


Title  XXn.'\  REVISED    CITY   CHARTER.  261 

each  folio  of  one  hundred  words  contained  in  such  tran- 
script. 

Thus  amended  by  L.  1893,  c.  245,  Sec.  9,  and  L.  1904, 
c.  576,  Sec.  1. 

§  469.  The  Common  Council  shall  designate  the  place 
for  the  holding  of  the  court,  and  provide  suitable  rooms 
and  furniture,  and  necessary  blank  books,  blanks,  and 
stationery  for  the  use  of  said  court,  and  shall  provide  for 
the  payment  of  the  salaries  of  the  judges,  clerks,  and 
stenographers. 

Thus  amended  by  L.  1893,  c.  245,  Sec.  10,  and  L.  1895, 
c.  805,  Sec.  39. 

§  470.  Except  as_  herein  otherwise  provided,  the 
Municipal  Court  shall  have  the  power  to  open  defaults, 
and  set  aside  judgments  and  final  orders  rendered  and 
entered  therein,  and  executions  and  warrants  issued 
thereon  upon  such  terms  as  may  be  just,  in  a  case  where 
a  defendant  or  tenant  shall  fail  to  appear  on  a  return  day 
of  process  or  on  any  adjourned  day,  where  it  is  shown 
that  manifest  injustice  has  been  done,  and  the  defendant 
satisfactorily  excuses  his  default;  but  no  greater  term 
shall  be  imposed  than  the  payment  of  the  costs  mcluded 
in  the  judgment  or  final  order,  and  the  sum  of  three 
dollars  for  opposing  the  motion.  The  application  there- 
for shall  be  founded  upon  affidavits,  and  shall  be  made 
within  twenty  days  from  the  entry  of  such  judgment, 
and  within  twenty-four  hours  after  the  entry  of  said  final 
order.  Upon  presentation  of  such  appHcation,  the  court 
shall  issue  an  order  in  such  action,  returnable  in  not  less 
than  five  nor  more  than  eight  days,  requiring  the  plaintiff 
to  show  cause,  if  any,  why  said  judgment  should  not  be 
set  aside,  and  in  such  proceeding,  an  order  returnable  in 
not  less  than  two  nor  more  than  five  days,  requiring  the 
petitioner  to  show  cause,  if  any,  why  said  final  order 
should  not  be  set  aside.  A  copy  of  said  order  and  of  the 
papers  upon  which  the  same  is  granted  shall  be  served 


262  REVISED   CITY   CHARTER.  [Title  XXII. 

upon  the  plaintiff,  petitioner  or  his  attorney,  if  one  shall 
have  appeared  in  the  action  or  proceeding,  not  less  than 
three  days  prior  to  the  return  day  thereof,  in  such  action, 
and  in  such  proceeding,  not  less  than  one  day.  Pending 
such  application  and  the  determination  thereof,  the 
court"  may  stay  proceedings  under  any  execution  which 
shall  have  been  issued,  or  stay  the  issuing  of  such  war- 
rant. When  a  judgment  or  final  order  shall  be  set  aside, 
the  action  or  proceeding  shall  proceed  as  though  no  judg- 
ment or  final  order  had  been  rendered.  In  such  case 
where  an  execution  has  been  issued,  and  a  levy  made 
thereunder  the  same  may,  in  the  discretion  of  the  court, 
be  allowed  to  stand  as  security  for  the  satisfaction  of  any 
judgment  the  plaintiff  may  finally  recover.  Where  a 
transcript  of  a  judgment  of  the  Municipal  Court  shall 
have  been  filed  in  a  case  provided  for  in  section  four 
hundred  and  fifty-eight  of  this  act,  the  Supreme  Court  of 
Erie  Covmty  shall  have  power  aad  authority  to  open 
the  default  and  set  aside  such  judgment,  in  the  case  above 
provided,  and  all  proceedings  thereunder,  and  to  order  a 
new  trial  in  the  Municipal  Court  upon  such  terms  as  may 
be  just.  The  practice  in  the  Supreme  Court  upon  such 
apphcation,  shall  be  the  same  as  herein  provided  for  like 
proceedings  in  the  Municipal  Court,  except  as  herein 
othenvise  provided.  A  justice  of  the  Supreme  Court 
may  at  chambers  issue  the  order  to  show  cause,  return- 
able at  a  special  term  of  the  said  court,  and  such  appli- 
cation may  be  heard  and  determined  at  such  special  term. 
Upon  application  to  the  Supreme  Court  the  defendant 
must  show  that  prior  to  the  filing  of  such  transcript  no 
application  was  made  to  the  Municipal  Court  for  Uke 
rehef.  The  Supreme  Court,  or  a  justice  thereof,  may 
stay  proceedings  under  any  execution  issued  upon  said 
judgment  pending  such  applicatioa.  The  judgment  and 
execution  and  levy  thereunder  may  be  allowed  to  stand 
as  a  security  for  the  satisfaction  of  any  judgment  the 
plaintiff  may  finally  recover,  in  case  a  new  trial  shall  be 
ordered  in  the  Municipal  Court.    The  said  Municipal 


Title  XXIL]  REVISED  city  charter.  263 

Court,  or  either  of  the  judges  thereof,  shall  also  have 
power,  in  proper  cases  and  in  the  furtherance  of  justice, 
to  vacate,  modify,  and  correct  judgments  rendered  in 
said  court,  except  in  a  case  where  an  appeal  has  been 
taken  or  a  trajiscript  filed  in  the  Erie  County  Clerk's 
office. 

Thus  amended  by  L.  1894,  c.  691,  Sec.  9;  L.  1895, 
c.  805,  Sec.  40;  L.  1898,  c.  101,  Sec.  7,  and  L.  1904, 
c.  576,  Sec.  2. 

§  471.  The  judges  of  the  Municipal  Court  may  ap- 
point from  the  constables  elected  from  the  respective 
wards  of  said  city,  or  appointed  by  the  Common  Council, 
such  a  number  thereof  as  may  be  required  to  do  the  work 
of  this  court,  and  file  a  certificate  thereof  with  the  City 
Clerk,  and  may  revoke  such  appointments  at  pleasure. 
Such  appointments  shall  be  made  equally  from  each  of 
the  two  political  parties.  No  person  shall  execute  the 
■  process  of  the  court  except  the  constables  duly  appointed, 
and  such  other  persons  as  may  be  deputized  in  the  man- 
ner now  provided  by  law;  and  each  of  said  constables 
shall  have  the  power  conferred  by  law  upon  constables 
of  towns  for  that  purpose,  and  shall  be  entitled  to  receive 
the  same  fee  for  his  services,  to  be  paid  by  the  party 
requesting  such  services ;  but  such  constable  shall,  before 
serving  or  executing  any  such  process  or  mandate,  exe- 
cute and  file  with  the  City  Clerk  a  bond  with  sureties,  for 
the  faithful  performance  of  his  duties,  and  for  the  pay- 
ment to  the  person  entitled  thereto  of  all  sums  of  money 
which  may  come  into  his  hands  from  any  execution  of 
any  process  delivered  to  him;  the  amount  of  such  bond 
shall  be  fixed  and  approved  as  to  its  form  and  sufficiency 
of  the  sureties  therein  by  the  judges  of  this  court.  AU 
actions  on  such  bonds  shall  be  commenced  within  two 
years  after  the  cause  of  action  arose. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  41,  and  L.  1898, 
c.  82. 


264  REVISED   CITY    CHARTER.  [Title  XXIII. 

§  472.  A\'hen  tlie  answer  of  the  defendant  expressly 
or  by  not  denying  admits  a  part  of  the  plaintiff's  claim  in 
an  action  brought  in  this  court  to  be  just,  the  court, 
upon  the  plaintiff's  motion,  may,  in  its  discretion,  order 
that  the  action  be  severed;  that  a  judgment  be  entered 
for  the  plaintiff  for  the  part  so  admitted,  and  if  the 
plaintiff  so  elects,  that  the  action  be  continued  with 
like  effect  as  to  the  subsequent  proceeding  as  if  it  had 
been  originally  brought  for  the  remainder  of  the  claim. 
The  court  must  enter  in  its  minutes  the  time  and  manner 
of  the  plaintiff's  election.  If  the  plahitiff  elects  to  con- 
tinue the  action  his  right  to  costs  upon  the  judgment  is 
the  same  as  if  it  was  taken  in  an  action  brought  for  only 
that  part  of  the  claim.  If  the  plaintiff  does  not  elect  to 
continue  the  action  costs  must  be  awarded  as  upon  final 
judgment  in  any  other  case.  If  in  an  action  upon  a 
contract,  where  the  complaint  demands  judgment  for  a 
sum  of  money  only  against  two  or  more  defendants, 
jointly  or  severally  liable,  any  one  or  more  of  said  de- 
fendants fail  to  ans^A'er,  and  the  other  defendant  or  de- 
fendants answer,  the  court  shall,  on  plaintiff's  motion, 
enter  judgment  against  said  defaulting  defendant  or 
defendants,  w'ith  costs;  and  shall  continue  the  said  action 
against  said  defendant  or  defendants  ans\\ering  until 
final  judgment,  as  in  any  other  case. 

Thus  amended  by  L.  1895,  c.  805,  Sec.  42. 

Section  473,  relating  to  bonds  of  constables,  was  repealed  by 
L.  1895,  c.  805, Sec.  43.  Section  41  of  the  same  act  added  provisions 
regulating  these  bonds  to  Section  471  of  this  Charter. 


TITLE  XXIII. 


SALARIES. 


§  474.    The  salaiy  of  the  Aldemien  and  Councihnen 
shall  be  one  thousand  dollars  per  year  each. 

The  remainder  of  this  section  is  omitted  because  not  of  present 
importance.  It  enumerated  and  repealed  various  special  acts  in 
force  in  1891,"  fixing  the  salaries  of  different  city  officers,  with  a 


Title  XXIV.]  REVISED  city  charter.  265 

saving  clause  for  the  salaries  of  persons  in  office  when  the  act  took 
effect.  The  entire  subject  of  salaries  for  city  employees  is  now  in 
the  control  of  the  Common  Council  under  Section  17,  subdivision  1, 
except  as  otherwise  provided  in  this  Charter. 


TITLE  XXIV. 

GENERAL  PROVISIONS. 

§  475.  No  person  elected  or  appointed  to  any  salaried 
office  under  this  act  shall,  during  his  term  of  office,  hold 
any  other  public  office  whatever,  except  that  of  notary 
public  or  commissioner  of  deeds,  nor  shall  he  be  directly 
or  indirectly  interested  in  any  contract  to  which  the  city 
or  any  department  thereof  is  a  party  if  such  contract  per- 
tains or  in  any  manner  relates  to  the  department  in  which 
he  may  be  employed,  or  has  to  be  voted  for  or  approved 
by  him.  If  any  person  holding  any  salaried  office  under 
this  act  shall  accept  any  other  pubHc  office,  he  shall 
thereby  cease  to  hold  his  office  under  this  act.  No 
officer  shall  receive  any  compensation,  perquisite  or 
benefit  in  any  way,  except  his  salaiy,  fixed  by  law  or 
ordinance,  for  any  service  performed,  w^ork  done,  or 
permit  granted  under  any  public  authority,  except  as 
notary  public  and  commissioner  of  deeds,  and  except  as 
in  this  act  otherwise  provided. 

§  476.  Every  city  officer  required  by  this  act  to  give 
a  bond  or  undertaking  for  the  faithful  performance  of  his 
duties  shall  execute  a  bond  to  the  city,  in  such  penalty, 
and  wath  such  sureties  as  the  Common  Council  will  re- 
quire, conditioned  for  the  faithful  performance  of  his 
duties,  and  for  the  accounting  for  and  pajonent  to  the 
Treasurer  of  all  moneys  belonging  to  the  city  received 
by  him ;  and  shall,  when  required  by  the  Common  Coun- 
cil, execute  and  file  a  new  bond  or  undertaking.  He 
may,  in  lieu  of  such  bond,  give  security  through  any 
company  incorporated  to  act  as  surety  for  others  by  the 
law^s  of  this  state. 


266  REVISED   CITY   CHARTER.  [Title  XXIV. 

§  477.  Eveiy  city  officer  required  to  give  bonds,  and 
his  sureties  shall  be  liable  on  his  official  bond  for  the 
conduct  of  his  deputy.  If  said  deputy  shall  be  guilty 
of  any  misconduct  by  reason  whereof  any  city  officer  or 
the  sureties  of  such  officer  shall  be  compelled  to  pay  any 
moneys  upon  account  of  the  said  official  bond,  said  city 
officer  or  such  surety  or  sureties  making  such  payment 
shall  be  subrogated  to  all  the  rights  of  the  city  upon  any 
bond  given  by  said  deputy  in  accordance  with  the  pro- 
visions of  this  act. 

§  478.  Every  bond  and  undertaking  required  by  this 
act,  or  any  ordinance  passed  thereunder,  shall  be  ac- 
Imowledged  by  the  parties  executing  it,  and  the  sureties 
therein  shall  justify  in  the  form  herein  prescribed.  A 
bond  or  undertaking  as  prescribed  in  this  act  must, 
where  two  or  more  persons  execute  it,  be  joint  and  several 
in  form,  and  must  be  accompanied  with  the  affidavit  of 
each  surety  subjoined  thereto  to  the  effect  that  he  is  a 
resident  of,  and  a  householder,  or  a  freeholder,  within  the 
city,  and  is  worth  the  amount  of  the  penalty  of  the  bond 
over  all  the  debts  and  liabilities  which  he  owes  or  has 
incurred,  and  exclusive  of  property  exempt  by  law  from 
levy  and  sale  under  an  execution.  But  where  the  penal- 
ty of  the  bond  is  ten  thousand  dollars  or  upwards,  the 
sum  in  which  a  surety  is  required  to  justify  may  be  made 
up  by  the  justification  of  two  or  more  sureties,  each  in  a 
smaller  sum.  The  certificates  of  acknowledgment  and 
the  affidavits  of  justification  shall  be  upon  the  bond  or 
undertaking.  No  bond  or  midertaking  shall  be  accepted 
or  filed  until  approved  by  the  Mayor,  and  his  approval 
endorsed  thereon,  or,  in  his  absence  or  disability,  by  the 
Comptroller,  except  as  herein  otherwise  provided.  The 
Common  Council  shall  have  power  to  provide  by  ordi- 
nance that  every  bond  given  for  the  perfonnance  of  any 
contract  made  by  the  city  shall  contain  a  clause  that  the 
person,  co-partnership,  association  or  corporation  enter- 
ing into  such  contract  with  the  city  will  pay  for  all  mate- 
rials used  and  services  rendered  in  the  execution  of  such 


Title  XXIV. ]  REVISED  city  charter.  267 

contract,  and  that  any  person,  co-partnership,  asso- 
ciation or  corporation  furnishing  materials  or  rendering 
services  in  or  about  the  execution  of  such  contract  may 
maintain  an  action  to  recover  for  the  same  against  the 
obhgors  in  such  bond  as  though  said  person,  co-partner- 
ship, association  or  corporation  were  therein  named, 
provided  such  action  be  brought  within  one  year  after 
the  time  the  cause  of  action  accrued.  The  obhgors  in 
any  such  bond  shall  be  liable  and  may  be  sued  accord- 
ingly. Notice  of  the  commencement  of  such  action  and 
of  aU  proceedings  therein  shall  be  given  to  the  Corpora- 
tion Counsel,  and  in  default  of  such  notice  no  recovery 
shall  be  had  in  such  action. 
Thus  amended  by  L.  1899,  c.  577. 

The  amendment   added  all  beginning  with  the  words  "The 
Common  Council  shall  have  power"  about  the  middle  of  the  section. 

§  479.  The  City  Clerk  shall  record  all  official  bonds  at 
full  length,  in  a  book  kept  by  him  for  that  purpose,  and, 
when  required,  he  shall  make  a  certified  copy  of  such 
records.  In  case  of  the  loss  of  any  bond,  the  record 
thereof,  or  a  certified  copy  of  such  record,  shall  be  re- 
ceived in  evidence  with  the  same  force  and  effect  as 
the  original. 

§  480.  The  Comptroller,  Treasurer,  and  Overseer  of 
the  Poor  shall  each  appoint  a  deputy,  and  the  Commis- 
sioner of  Public  Works,  four  deputies,  who  shall  hold 
their  offices  during  the  pleasure  of  the  officer  appointing 
them,  and  such  clerks  and  subordinates  as  may  be  pro- 
vided for  by  ordinance.  The  Deputy  Comptroller, 
Deputy  Treasurer,  and  Deputy  Overseer  of  the  Poor  shall 
in  the  absence  or  inability  of  his  principal  to  perform  the 
duties  of  the  office,  and  during  a  vacancy  therein,  per- 
form the  duties  thereof.  Each  deputy,  before  entering 
upon  his  office,  shall  take  the  oath  of  office  prescribed  by 
the  constitution,  and  give  the  bond  or  undertaking  pre- 
scribed by  this  act,  or  by  the  ordinances  of  the  city. 

Thus  amended  by  L.  1901,  c.  228,  Sec.  16. 


268  REVISED    CITY   CHARTER.  [Title  XXIV. 

The  amendment  added  the  provision  for  the  appointment  of 
four  deputies  by  the  Commissioner  of  Public  Works;  also  the 
clause  at  the  end  of  the  section  "  or  by  the  ordinances  of  the  city. " 

§  481,  All  city  officers  and  their  deputies  shall  be  ex- 
officio  connnissioiiers  of  deeds,  but  as  such  shall  not  be 
entitled  to  receive  any  fees  from  the  city. 

§  482.  Resignation  of  office,  by  any  person  elected 
under  this  act,  shall  be  made  to  the  Common  Council, 
subject  to  its  acceptance.  Resignation  by  any  person 
appointed  under  this  act  shall  be  made  to  the  person  or 
body  by  whom  he  was  appointed. 

§  483.  The  officer  or  body  authorized  to  appoint  any 
officer  under  this  act  shall  fill  any  vacancy  occurring  in 
such  office,  by  appointment    for  the  unexpired  term. 

§  484.  Each  officer  elected  or  appointed  under  this 
act,  shall  hold  over  until  his  successor  enters  upou  the 
office.  All  appointed  officers,  unless  otherwise  provided 
by  law,  shall  hold  office  during  the  pleasure  of  the  person 
or  body  by  whom  they  were  appointed. 

§  485.  Any  person  elected  or  appointed  mider  this 
act  to  any  office  or  place,  who  shall,  upon  the  expira- 
tion of  the  term  for  which  he  was  elected  or  appointed, 
or  upon  his  removal  from  such  office  or  place,  refuse  to 
deliver  the  books,  papers,  and  effects  pertaining  to  the 
office  or  place,  to  his  successor  or  other  person  having 
the  right  to  their  possession,  shall  be  guilty  of  a  mis- 
demeanor, and  may  also  be  proceeded  against  in  the 
manner  provided  in  article  five  of  title  six  of  chapter  five 
of  part  one  of  the  Revised  Statutes. 

§  486.  When  the  city  shall  borrow  or  raise  money 
for  any  particular  purpose,  it  shall  be  applied  only  to 
that  purpose,  and  eveiy  Aldennan  who  shall  vote  to 
appropriate  it  to  a  different  purpose,  and  every  officer 
who  shall  knowingly  assist  in  a  misappropriation  of  such  ; 

money  shall  be  guilty  of  a  misdemeanor,  and,  on  convic- 
tion thereof,  shall  be  disqualified  from  holding  any  office 
in  the  city.  ^ 


Title  XXIV.]  REVISED  city  charter.  269 

§  487.  The  interest  earned  or  accruing  upon  any 
money  of  the  city  shall  belong  to  the  city,  and  not  to 
any  officer  thereof. 

§  488.  Every  officer  of  the  city,  and  every  person  em- 
ployed by  the  city,  or  by  any  officer  of  the  city,  who 
shall  lend  or  convert  to  his  use,  or  to  the  use  of  another, 
money  belonging  to  the  city,  shall  be  guilty  of  larceny. 

§  489.  Any  officer  who  shall  willfully  neglect  his 
duty  shall  be  guilty  of  a  misdemeanor. 

§  490.  The  books,  documents,  maps,  rolls,and  papers 
in  the  office  of  any  city  officer  shall,  at  all  reasonable 
times,  be  open  to  the  inspection  and  examination  of 
the  public.  If  any  officer  shall  unreasonably  refuse  to 
produce  and  submit  to  the  inspection  of  any  person  any 
such  book,  document,  map,  roll,  or  paper  he  shall  forfeit 
fifty  dollars  to  the  city,  to  be  recovered  by  action. 

§  491.  The  city  is  hereby  authorized  to  issue  either 
registered  or  coupon  bonds,  under  any  law  heretofore  or 
hereafter  enacted,  authorizing  the  issue  of  the  bonds  of 
the  said  city,  and  shall,  at  the  request  of  the  holder  of  any 
coupon  bonds,  whether  heretofore  or  hereafter  issued, 
issue  and  deliver  to  the  said  holder,  on  the  dehvery  and 
surrender  to  the  city  thereof,  registered  bonds  of  equal 
amount.  Such  bonds  shall  be  divided  into  and  issued  in 
such  amounts  as  the  said  holder  shall  desire,  provided 
that  the  city  shall  not  be  required  to  issue  any  bond  for 
a  less  sum  than  one  thousand  dollars;  and  provided, 
further,  that  the  bonds  so  issued  shall  be  payable  upon 
the  same  terms,  and  at  the  same  time  as  the  bonds  for 
which  they  are  exchanged.  The  city  shall  keep  a  record 
of  all  bonds  surrendered  for  exchange,  and  by  whom 
surrendered,  and  of  all  bonds  issued  in  exchange  there- 
for, and  to  whom  issued,  containing  the  dates,  numbers, 
and  the  amounts  of  the  said  bonds,  and  a  reference  to  the 
laws  or  resolutions  under  which  they  were  issued.  All 
bonds  issued  by  the  said  city  after  the  thirtieth  day  of 


270  REVISED   CITY   CHARTER.  [Title  XXIV. 

June,  nineteen  hundred  and  six,  shall  be  free  and  exempt 
from  taxation  except  for  state  and  county  purposes. 

Thus  amended  by  L.  1906,  c.90.  Sec.  1 

The  amendment  added  the  last  sentence. 

§  492.  Whenever  bonds  are  issued  by  the  city  for 
the  purpose  of  raising  money,  the  Comptroller  shall 
publish  a  notice  in  five  successive  numbers  of  the  official 
paper,  Sundays  excepted,  and  in  two  other  daily  papers 
of  the  city,  stating  the  amount  of  bonds  to  be  issued, 
their  rate  of  interest,  and  the  time  of  their  payment,  and 
that  sealed  proposals  will  be  received  by  him  mitil  a  day 
specified  in  the  notice,  not  less  than  ten  days  from  the 
first  publication  thereof,  for  all  or  any  portion  of  the 
bonds  issued.  Each  proposal  shall  state  the  amount  of 
the  bonds  desired,  and  the  price  bid  for  each  one  hundred 
dollars  thereof.  On  the  day  specified  in  the  notice,  the 
Comptroller  shall  publicly  open  the  proposals  and  the 
bonds  shall  be  sold  to  the  person  or  persons  whose  bids 
are  most  favorable  to  the  city,  but  no  bonds  shall  be  sold 
at  less  than  their  par  value.  The  Comptroller  may 
reject  any  or  all  bids  received.  Nothing  in  this  section 
contained  shall  be  construed  to  prevent  the  Conamon 
Council  from  awarding  any  bonds  at  their  par  value  to 
the  Comptroller  in  trust  for  any  redemption  or  sinking 
fund  of  the  city,  and  as  an  investment  of  said  redemption 
or  sinking  fund  of  the  city,  without  advertising.  And 
nothing  in  this  section  contained  shall  be  construed  to 
prevent  the  Common  Council  from  awarding  any  bonds 
at  their  par  value  to  the  board  of  trustees  of  the  Fire- 
men's Relief  and  Pension  Fund,  the  board  of  trustees 
of  the  Public  School  Teachers'  Retirement  Fund,  or  the 
board  of  trustees  of  the  Police  Pension  Fund,  and  as  an 
investment  of  any  of  said  funds,  without  advertising. 
Where  no  proposals  shall  be  received,  as  herein  provided, 
for  the  par  value  of  bonds,  and  the  accrued  interest 
thereon,  after  such  advertishig,  the  Comptroller  may, 
within  sixty  days  thereafter,  award  the  bonds  so  adver- 
tised to  any  person  for  not  less  than  their  par  value  and 


Title  XXIV.]  REVISED  city  charter.  271 

accrued  interest  on  receiving  and  filing  in  his  office  a 
written  certificate  from  the  Mayor  and  Treasurer  con- 
senting thereto. 

Thus  amended  by  L.  1894,  c.  289,  Sec.  6,  and  L.  1906, 
c.  48,  Sec.  1. 

The  amendment  of  1894  added  the  last  sentence.  The  amend- 
ment of  1906  added  the  sentence  before  the  last,  relating  to  pension 
funds. 

§  493.  Whenever  any  street  or  portion  of  a  street,  laid 
out  and  located  by  the  commissioners  of  the  land  office 
within  the  south  village  of  Black  Rock  as  known  and 
designated  upon  the  records,  surveys,  and  maps  of  said 
commissioners,  or  appearing  upon  said  records,  maps,  or 
surveys,  shall  be  discontinued  or  contracted  as  a  pubHc 
highway  or  street  by  the  authority  of  the  Common  Coun- 
cil, the  city  by  its  Common  Council,  may  cause  to  be 
conveyed  to  the  owners  of  lands  adjacent  to  the  parts  of 
said  street  which  shall  have  been  so  discontinued,  and  to 
no  others,  the  portions  of  such  street  which  shall  have 
been  discontinued. 

§  494.  The  printed  minutes  of  the  proceedings  of  each 
Board  of  the  Common  Council,  when  approved  or  con- 
firmed by  it,  and  certified  by  the  City  Clerk,  shall  be 
received  by  all  the  courts  of  this  state  as  a  prima  facie 
evidence  of  such  proceedings. 

§  495.  The  head  of  each  department  shall  prepare, 
and  on  or  about  the  first  day  of  August  in  each  year, 
except  as  herein  othei'wise  provided,  transmit  to  the 
Common  Council  a  report  containing  a  statement  of  all 
the  financial  transactions  of  the  department  for  the  fiscal 
year  immediately  preceding,  ending  June  30th,  and 
showing  in  detail  its  condition. 

Thus  amended  by  L.  1903,  c.  105. 

The  amendment  changed  the  date  of  the  annual  statement 
from  May  first  to  August  first,  and  provided  that  it  should  cover 
the  fiscal  year,  instead  of  the  calendar  year,  as  formerly,      .^i    ^      ^ 

§  496.  No  person  shall  be  incompetent  to  act  as 
judge,  justice,  commissioner,  referee,  juror,  or  witness  by 


272  REVISED    CITY    CHARTER.  [Tiilc  XXIV. 

reason  of  his  being  a  resident  or  freeholder  of  the  city,  in 
any  action  or  proceeding  to  which  the  city  is  a  party,  or 
ill  which  it  is  interested. 

§  497.  The  journals  of  the  Common  Council,  or  a  copy 
thereof,  certified  by  the  City  Clerk,  shall  be  evidence  of 
the  proceedings  therein  set  forth. 

§  498.  All  the  records,  including  all  tax  and  assess- 
ment-rolls, documents,and  maps  required  or  permitted  by 
law  to  be  filed  and  kept  in  any  office  of  the  city  when  cer- 
tified by  the  clerk,  head  or  chief  of  said  office,  and 
attested  by  the  Mayor  under  the  seal  of  the  city  shall  be 
admitted  in  evidence  in  all  courts,  and  shall  be  pre- 
sumptive evidence  of  the  facts  or  proceedings  appearing 
therein. 

§  499.  The  seal  at  present  used  by  the  city  as  its  cor- 
porate seal  shall  continue  to  be  the  seal  of  the  city. 

§  500.  Any  clerk  making  a  certified  copy  of  any 
record  under  his  control,  for  the  use  of  any  other  person 
than  an  officer  of  the  city,  shall  charge  and  collect  a  fee 
therefor,  not  exceeding  five  cents  a  folio  for  each  paper 
copied  and  twenty-five  cents  for  his  certificate.  Any 
clerk  making  such  certified  copies  shall  pay  weekly  to  the 
City  Treasurer  all  fees  received  by  him,  and  report  the 
same  to  the  Comptroller. 

§  501.  It  shall  not  be  necessary  for  the  city,  in  any 
action  or  proceeding  in  which  it  is  a  party,  to  give  any 
bond,  undertaking  or  security  on  appeal,  or  to  obtain  a 
provisional  remedy,  or  to  take  or  to  prevent  any  other 
proceeding. 

§  502.  Any  officer  or  the  member  of  any  board 
authorized  by  this  act  to  make  any  investigation,  hear 
any  complaint  or  conduct  any  proceedings  in  the  form 
of  a  trial,  shall  have  power  to  administer  oaths  and  issue 
subpoenas. 

§  503.  A  majority  of  the  members  of  any  board  con- 
stituted under  this  act  shall  be  a  quorum  for  the  trans- 
action of  any  business  of  the  board,  unless  otherwise  pro- 
vided. 


Title  XXIV.]  REVISED  city  charter.  273 

§  504.  In  contracting  for  any  work  required  to  be 
done  by  the  city,  a  clause  shall  be  inserted  that  the  con- 
tractor submitting  proposals  shall  bind  himself  in  the 
performance  of  such  work  not  to  discriminate  either  as  to 
workmen  or  wages  against  members  of  labor  organiza- 
tions, or  to  accept  any  more  than  eight  hours  as  a  day's 
work  to  be  performed  within  nine  consecutive  hours. 
Nor  shall  any  man  or  set  of  men  be  employed  for  more 
than  eight  hours  in  twenty-four  consecutive  hours  except 
in  case  of  necessity,  in  which  case  pay  for  such  labor  shall 
be  at  the  rate  of  time  and  one-half  for  all  time  in  excess 
of  such  eight  hours. 

§  505.  Except  for  repairs,  no  patented  pavement  shall 
be  laid,  and  no  patented  article  shall  be  advertised  for, 
contracted  for  or  purchased  except  under  such  circum- 
stances that  there  can  be  a  fair  and  reasonable  opportu- 
nity for  competition,  the  conditions  to  secure  which  shall 
be  prescribed  by  the  person,  board  or  body  authorized  to 
contract  for  such  article  so  advertised  for. 

§  506.  AU  elective  officers  in  office  when  this  act  takes 
effect  shall  serve  out  the  terms  for  which  they  were  re- 
spectively elected,  except  in  those  cases  where  the  offices 
to  which  they  are  elected  are  abohshed  by  this  act.  The 
engineer  in  office,  at  the  time  when  this  act  takes  effect, 
shall  discharge  the  duties  imposed  upon  the  city  engineer 
by  chapter  three  hundred  and  forty-five  of  the  laws  of 
eighteen  hundred  and  eighty-eight,  and  any  acts  amend- 
atory thereof,  during  the  term  of  office  for  which  he  was 
elected,  without  extra  compensation,  and  from  and  after 
the  expiration  of  his  term,  or  earlier,  if  he  should  cease 
to  fill  the  office,  his  duties  thereunder  shall  devolve  upon 
the  chief  engineer  of  the  Department  of  Public  Works. 

§  507.  All  acts  or  parts  of  acts  inconsistent  with  this 
act  are  hereby  repealed;  provided,  however,  that  title 
fifteen  of  an  act  entitled,  "An  act  to  revise  the  charter  of 
the  city  of  Buffalo,"  passed  April  twenty-eight,  eighteen 
hundred  and  seventy,  being  chapter  five  hundred  and 
nineteen  of  the  laws  of  eighteen  hundred  and  seventy. 


274  REVISED    CITY    CHARTER.  [7V//('  A'A7F. 

and  all  acts  amending  said  title  and  supplementary 
thereto,  shall  not  be  repealed  or  affected  by  this  act  until 
the  first  Monday  in  Jaiuiary,  in  the  year  eighteen  hun- 
dred and  ninety-three. 

§  508.  This  act  shall  take  effect  on  the  first  Monday  of 
January,  eighteen  hundred  and  ninety-two,  except  such 
parts  as  relate  to  elections  to  office,  and  except  title  six, 
title  seven,  title  nine,  title  seventeen,  title  twenty,  title 
twenty-two,  title  twenty-three,  section  seventy-four  and 
title  one  as  far  as  it  relates  to  the  creation  of  twenty-five 
wards  in  the  city  only  so  far  as  it  is  necessary  to  make 
the  election  of  Aldermen  and  Supervisors  therein  at  the 
annual  election  of  eighteen  hundred  and  ninety-one,  reg- 
ular and  legal,  and  as  to  such  parts,  titles,and  section  it 
shall  take  effect  immediately;  and  except  also  as  to  sub- 
division one  of  section  two  hundred  and  seventy-one, 
subdivision  two  of  section  two  hundred  and  seventy- 
three,  section  two  hundred  and  eighty-five,  section  two 
hundred  and  eighty-eight,  section  two  hundred  and 
eighty-nine,  and  section  two  hundred  and  ninety-seven, 
which  shall  take  effect  on  the  first  Monday  in  January,  in 
the  year  eighteen  hundred  and  ninety-three,  and  except 
also  that  no  street  commissioner  shall  be  elected  at  the 
annual  election  of  eighteen  hundred  and  ninety-one,  and 
the  Mayor  elected  at  such  election  shall  hold  office  for 
the  term  of  three  years,  and  except  also  that  the  Com- 
mon Council  shall  on  or  before  the  first  day  of  October, 
eighteen  hundred  and  ninety-one,  fix  the  salaries  of  all 
officers  to  be  elected  under  this  act  at  the  annual  election 
of  eighteen  hundred  and  ninety-one. 

§  509.  All  proceedings,  matters,  and  things,  which 
were  begim,  or  regarding  A\hich  any  action  or  prelimi- 
nary steps  had  been  taken  by  the  city  of  Buffalo,  or  its 
departments,  officers,  agents  or  servants,  prior  to  the 
first  Monday  in  Januaiy,  eighteen  hundred  and  ninety- 
two,  are  hereby  ratified  and  confirmed,  and  shall  be  con- 
tinued, carried  on,  and  completed  under  the  provisions 


Title  XXIV.]  REVISED  city  charter.  275 

of  this  act,  the  same  as  if  such  proceedings,  matters,  and 
things  were  begim  and  such  action  and  steps  had  been 
taken  in  conformity  with  the  provisions  of  this  act. 
Proceedings  for  the  levying  of  taxes  and  assessments  and 
the  collection  of  the  same,  and  the  sale  of  lands  for  non- 
payment of  the  same,  pending  and  incomplete  on  the  first 
Monday  of  January,  eighteen  hundred  and  ninety-two, 
shall  be  carried  on  and  completed  under  the  provisions 
of  this  act.  All  acts  and  proceedings  of  the  city  of" 
Buffalo,  or  its  departments,  officers,  agents  of  servants, 
regarding  or  affecting  such  proceedings,  matters,  and 
things  since  and  including  the  first  Monday  of  January, 
eighteen  hundred  and  ninety-two,  are  hereby  ratified 
and  confirmed.  All  acts  and  proceedings  of  the  city 
of  Buffalo  by  its  officers,  agents  and  servants,  and 
official  acts  and  proceedings  of  said  officers,  agents  or 
servants  of  said  city,  or  any  of  them,  on  or  subsequent 
to  January  first,  eighteen  hundred  and  ninety-two,  which 
are  not  in  conformity  to,  or  in  compliance  with  the  pro- 
visions of  this  act  hereby  amended,  but  vvhich  would 
have  been  proper  and  lawful  had  the  act  hereby  amended 
not  been  passed,  and  all  acts  of  the  officers  in  any  de- 
partment, before  the  provisions  of  the  act  hereby 
amended  appHcable  to  such  department  were  in  full 
operation,  are  hereby  declared  to  be  vahd  and  legal,  and 
are  ratified  and  confirmed.  Provided,  however,  that 
this  act  shall  not  affect  any  proceeding,  matter,  or  thing, 
which  was  begun,  or  regarding  which  any  action  or  pre- 
liminary steps  have  been  taken  by  the  city  of  Buffalo,  or 
its  departments,  officers,  agents  or  servants,  or  any  pro- 
ceedings for  the  levying  of  taxes  and  assessments,  and 
the  collection  of  the  same,  concerning  which  any  suit  or 
special  proceeding  is  now  pending  in  any  court,  but  the 
vahdity  and  effect  of  all  said  proceedings,  matters  and 
things,  taxes  and  assessments,  shall  be  adjudged  and 
determined  in  said  suit  and  proceedings,  as  the  same 
would  be  adjudged  if  this  act  had  not  been  passed. 
This  section  added  by  L.  1892,  c.  376. 


INDEX  TO  CHARTER. 


A 

Section 

Aqueducts, 

control  of sub.  5  271 

Act  required  to  be  done  by  ordinance, 

failure  to  do,  how  punished 19 

Action  to  recover  damages  for  personal  injuries, 

when  must  be  commenced ' 16 

Acts  repealed 507 

Actions  and  proceedings, 

against  city,  how  commenced 16 

assessment,  when  declared  void 158 

bonds  and  undertaking  in,  by  city  not  required  501 

building  laws,  when  violated 293 

certiorari,  form  of 101 

claims  and  accounts 16 

fines,  to  recover 19,20,23 

fire  ordinance 259 

general  tax,  to  recover 77 

health  department,  action  by 242 

local  assessments,  to  determine  legality  of 100 

local  assessments,  no   action  shall  be  brought, 

except  for  side  and  crosswalks 118 

occupant  of  public  lands,  action  against  to  col- 
lect assessment 160 

personal  injuries,  how  commenced 16 

taxes  and  assessments,  to  test  validity  of  and 

defense 116 

violations  of  ordinances 23 

when  city  a  party,  residents  and  freeholders 

competent 496 

Agents, 

tax  agents  for  nonresident  mortgagees 125 

tax  agent  for  nonresident  owners 149 

Aldermen, 

see  Common  Council. 

Amusements. 

obscene,  duties  of  Superintendent  of  Police ....  205 


11 


278  IXDKX    TO    {HAHTKR. 

Section 

Annual  cstiniates, 

see  Estimates. 
Annual  reports, 

heads  of  departments 495 

Assessment  roll,  monthly, 

for    water,    sewer    and    gas    connections,    con- 
structing, repairing    and    cleaning    sidewalks, 

and  removing  street  obstructions     288 

Assessment,  Department  of 

aiuuial  assessment  roll,  how  j^repared 138 

anmial  assessment  roll,  when  shall  be  completed  138 

appointments  of  subordinates. 133 

assessments  insufhcient,  how  remedied .  409 

chairman  of  board 130 

deeds  and    maps   to   be   presented   by  County 

Clerk  to  Assessors  within  48  hours  after  record  136 

deficiency  assessment 409 

delivery  (^f  local  rolls  to  Cor}M)ration  Counsel. .  .  152 

election  of  assessors 45,131 

hearing  of  persons  assessed  on  general  roll 139 

hearing  of  persons  assessed  on  local  roll 151 

lands  in  which  member   of   is   interested,    shall 

not  take  part  in  apportioning  assessment 135 

lands,  when   marked    on    map    as   .-^trtH't,  "etc, 

deemed  duly  dedicated 136 

local  rolls  shall  be  made  in  their  order 144 

mai)s  and  surveys  of  taxabk'  property    shall    keep      136 
new    assessment,    when    ordered    by    Common 

Council 155.158 

nonresident  owners  may  ajopoint  agent  to  take 

care  of  taxes,  etc . .  .' 149 

notice  of  assessment   rolls  completed,  when  to 

publish 1 48 

notice  by  mail  to  parties  assessed 150 

number  of  members  of  board 129 

petitions,  reference  to  and  certificate  of,  sul).  2    398,399 

])ower  aiul  duties  of  board 134 

])ower  to  correct  amnial  assessment  rolls 141 

quorum  of 132 

registry  of  owners  and  agents  of  land, shall  keep  150 
subdivision  of    plot  of  lands,  co[)y  shall  be  filed 

in  oflice 136 


■   INDEX   TO    CHARTER.  279 

Section 

Assessment,  Department  of, 

subordinates  appointment,  number  and  salaries  133 

term  of  office  of  members 130 

when  majority  of  board  is  interested  in  lands  to 

be  assessed,  Mayor  to  appoint  electors 135 

when  roll  declared  void,  shall  make  new  assess- 
ment   158 

Assessment  Roll,  Annual, 

actions  on,  to  recover  tax 77 

additions  to 76 

agents,  owners  may  appoint 149 

apportionment  of  tax  in 75 

apportionment  of,  when  different  owners 142 

assessments  presumed  valid 116 

collections  on,  by  treasurer 76,92 

copies  of,  to  whom  delivered 140 

correction  of  imperfect  description 123 

correction  of,  by  Comptroller 75 

delivery  of  to  Treasurer 75 

error  in,  correction  of  in  certain  cases  only 141 

form  and  preparation  of 138 

interest  on,  how  computed 83 

interest,  addition  of 76 

lien  of  taxes 106 

local  rolls,  addition  to 75 

nonresident  owners  may  appoint  agent  to  take 

care  of  taxes,  etc 149 

notice  by  Treasurer 76 

notice  by  Assessors 138 

objections  to,  before  Assessors 139 

partial  payment  of 128 

pavment  of  assessment,  before  and  after  return 

of  rolls 92 

return  of  to  Comptrolller 91 

sales  for  nonpayment 88 

unpaid  tax,  notice  to  owners 76 

Assessment  Roll,  Local, 

action  to  test  legality  of  assessment 100 

action  by  Common  Council,  when  irregular 152 

action  by  Common  Council,  when  objections  are 

filed  to 154 


2S0  INDKX    TO    CHAKTKU. 

Section 

Assossnicut  Roll,  Local, 

additions  to ' 95 

additions  of  interest  to 103 

addresses  of  owners  and  agents,  to  be  furnished 

Assessors 150 

amount  of,  how  fixed 143 

application  for  writ  of  certiorari,  not  to  be  en- 
tertained, unless,  etc sub.  1  101 

assessment  presumed  valid 116 

Assessors  to  make  in  their  order 144 

certiorari,  writ  of 101,111 

City  Clerk,  duties  in  relation  to 153,154,156 

collection  of,  by  Treasun^r. — 104 

confirmation  of,  by  limitation 153 

confirmation  of,  City  Clerk  to  attach  certificate 

to  and  deliver  to  Comptroller 156 

deficienc}^,  when  made 409 

delivery  of,  to  Corporation  Counsel 152 

division  of,  by  Common  Council 157 

duty  of  Corporation  Counsel 152 

duty  of  Comptrolkn- 93 

duty  of  Treasurer 94,104 

form  of 146 

.hearing  of  persons  interestetl 151 

how  assessment  shall  be  spread 145 

illegal,  how  reviewed 101 

in  excess  of  $500,  how  collected 103 

installment    rolls,    when    payable    and    rate   of 

interest " 103,105 

interest  on,  after  addition  to  general  roll 98 

irregular,   action   upon,   when   so   reported   by 

Corporation  Counsel 152 

irregular    proceedings,    Conunon    Council    may 

annul  and  begin  anew 122 

lien,  after  addition  to  general  roll 98,99 

method  of  paying  same 96 

monthly  assessment  roll  of  Dejiartment  of  Public 

Works 288 

names  of  owners,  omission  from  shall  not  invali- 
date the  assessment 147 

new  assessment,    when    ordered    by    Common 

Council 155 

no  lands  shall  be  exempt  from  local  assessment  1 59 
nonresident  owners  may  ajipoint  agent  to  take 

care  of  taxes,  etc 149 


INDEX   TO    CHARTER.  281 

Section 

i^ssessment  Roll.  Local, 

notice  by  mail  to  parties  assessed 150 

notice  by  mail,  by  Assessors,  validity  not  to  be 

questioned 150 

notice  of,  by  City  Clerk 153 

objections  to,  when  in  hands  of  City  Clerk 153 

objections  to,  hearing  of,  by  Common  Council..  154 

objections  to,  hearing  of,  by  Assessors 151 

occupants  of  public  grounds,  to  be  assessed  for 

local  improvements 160 

paving,  after  roll  is  confirmed,  ma}'  issue  bonds  105 

proofs  to  be  annexed  by  City  Clerk 153 

publication  of,  by  Assessors. 148 

public    grounds,    any   person   occupying    same 

shall  be  assessed  for  local  improvements.  ...  160 
registry  of  owners  and  agents,  Assessors  shall 

keep 150 

return  of  rolls  to  Comptroller 102 

return  of  unpaid  installments,  by  Treasurer  ...  104 

temporary  loans  by  Comptroller  to  pay  bonds  105 

Treasurer  to  retain  until  added  to  general  roll .  .  97 

Treasurer  shall  be  notified  of  beginning  of  work  94 

warrants,  how  payable 105 

when  declared  void.  Assessors  shall  make  new 

assessment 158 

when  becomes  a  lien 98,99 

writ  of  certiorari,  granting  of 101 

writ  of  certiorari,  when  may  be  applied  for  and 

how  served sub.  2,    3  101 

writ  of  certiorari,   power  of  court  in  relation 

thereto.  ; sub.  4,  5,  6    101,112 

Attorney  and  assistant, 

see  Law,  Department  of. 
Auctioneers, 

of  watches  and  jewelry,  police  supervision  over  204 
Auditor, 

appointment  and  duties  of 58 

claims  for  city  printing 448 

clerks,  appointment  of 58 

power  to  subpoena  witnesses 58 

witnesses,  fees  of '  58 

Ayes  and  Nays, 

see  Common  Council. 

see  also  vote  required  on  various  measures. 


282  IXDEX    TO    t'lIARTER. 

Section 

B 

Banks  t)f  Deposit, 

cashier  of  shall  make  weekly  report  to  Comp- 
troller  ' 12 

Common  Council  shall  designate 12 

Barns, 

power  of  Plealtli  Connnissioner  over 238 

Basins, 

control  of suIj.  5  271 

laying  out,  etc 391,396 

Bids, 

bonds 492 

fire  department 253 

official  printing 447 

official  ]ia))er,  minutes,  etc 449 

paving  streets 397 

Public  Works  Department 283.408 

Water  Department 297 

Births  and  marriages, 

control  and  registration  of 232,233 

Black  Rock  harbor, 

power  to  improve 405 

Black  Rock, 

streets  in,  when  discontinued  may  be  ccMiveyed 

to  adjacent  owners 493 

Board  of  Aldermen , 
see  Common  Council. 

Board  of  Councilmen, 
see  Common  Council. 

Board  of  School  Examiners, 

see  Public  Instruction,  Department  of. 

Boilers,  steam, 

inspection  of sul).  7  17 

Bond  and  undertaking, 

release  of  not  to  be  given .27 

Bonds, 

exchange  of  l)y  holder 491 

for  local  work 14 

for  paving  streets 105 

for  the  erection  and  furnishing  of  school  buildings      329 

record  of 491 

registered  or  coupon,  authority  to  issue 491 

sale  of,  mode  of  procedure 492 


iXDEX  TO  chartp:r.  283 

Section 

Bonds,  omciai 

city  officers,  and  where  filed 48 

form,  condition  and  approval  of 476,477,478 

of  deputies 480 

record  of 379 

Bonded  Debt, 

sum  due  shall  be  included  in  annual  estimate.. .  68 

Books,  papers,  etc., 

official,  refusal  to  deliver  to  successor,  penalt}^  for  485 

production  of,  before  auditor 58 

production  of,  before  committee 31 

production  of,  before  Fire  Commissioners 255 

production  of,  before  Mayor 49 

production  of,  before  Police  Commissioners ....  195 

public  inspection  of 490 

Boundaries  of  the  city 1 

Bridges, 

control  of sub.  5  271 

how  paid  for 401 

maintenance  of 401 

Buffalo,  City  of. 

boundaries  of 1 

corporate  name  and  powers  of 2 

division  of  into  wards 3 

legislative  power  of,  vested  in  Common  Council  4 

Burial  or  incineration  of  the  dead,  control  of 232 

Buffalo  River. 

a  public  highway 404 

bridges  over,  lawful  structures 404 

improvement  of 405 

Buildings, 

destruction  of  at  fires 261.262,263 

erection  of,  power  of  Council  over sub.  5  17.30,292 

erection  of,  requirements  for 292 

in.spectors  of,  ciualifications .sub.  3  73 

public 401 

unsafe, pojver  of  Department  of  Pul3licWorks  as  to  290 

unsafe,  expense  of  removing  a  lien  upon  property  291 


Canals,  basins,  etc., 

control  of sub.  5  271 

laying  out,  enlargement,  altering,  etc 391,396,405 


284  I.NDKX    TO    CHAUTKH. 

Section 

Cartnu'ii, 

police  supervision  over .  204 

Cattle  Inspector 

appointment  of 235 

Certiorari, 

Comptroller's  duty  as  to  local  rolls,  in  case  of .  .  93 

granting  of,  to  review  local  assessment 101 

Charter, 

when  to  take  effect 508 

Chemist,  city 235 

City  boundaries 1 

City  departments 44 

City  Clerk, 

assessment  rolls,  duty  as  to 153,154,156 

assessment  roll,  monthly,  from    Department  of 

Public  Works,  duty  as  to 288 

bond,  city  officers  shall  file  wdth 48 

bonds  of  officers  of  the  city,  shall  record 479 

canals,  basins,  slips,  and  other  public  waters, 

record  of 391 

City  Clerk  or  deputy  shall  act  as  presiding  offi- 
cer in  electing  a  president  of  each  board  and 

Common  Council 8 

confirmation  of  monthly  assessment  roll,  duty  as 

to 288 

deputy  and  subordinates  of 34 

duties  of,  general 35 

election  and  term  of  office  of 33 

election,  notice  of,  shall  publish 371,374 

election,  certificate  of  inspectors  and  tabular 
statement  of,  shall  lay  Ix^fore  Board  of  Alder- 
men    373 

election,  vacancy  in  elective  oflice  15  days  before 

election,  notice  to  be  published 374 

fees  of 500 

first  meeting  of  Common  Council,  duty  of 8 

grades  of  streets,  record  of 392 

licenses,  to  countersign 35 

moneys,  receiv(Hl  by 36 

neglect  of  officer  to  file  bond,  etc 40 

official  oaths  and  bonds,  custody  of 39 

official  printing,  duty  as  to 446,447 

official  paper,  duty  as  to 449 

ordinances,  certificate 18 


INDEX   TO    CHARTER.  285 

Section 

City  Clerk, 

ordinances,  record  of 41 

ordinance  or  resolution  not  approved  or  returned 
by  the  Mayor  within  ten  days,  shall  make 

certificate,  etc 18 

record  of  streets  and  alleys  by 42,391,392,403 

School  Examiners,    shall    notify    Mayor    when 

term  expires .332 

shall  notify  officers  of  their  election  or  appoint- 
ment   38 

streets  and  alleys,  record  of 42,391,392,403 

warrants,  to  sign 60 

City  Hall 401 

City  officers,  elective 45 

Civil  Service, 

provision  as  to 55 

Claims  and  Accounts, 

action  to  recover .  16 

audit  of 15 

'    arainst  Police  Department.. 213 

;^  gainst  Department  of  Public  Works 287 

against  Jubilee  waterworks 307 

city  printing 448 

examination  of,  by  auditor 58 

filing  of,  with  City  Clerk 15 

Coal  oil,  license  for  keeping sub.  2  269 

Commissioners  of  Deeds, 

ex-officio 481 

Commissioner  of  Public  Works, 

bond  of 48 

election  of .^ 45,271 

term  of  office  of 47 

See  also  Public  Works,  Department  of. 

Common  Council, 

accounts  and  claims,  not  to  be  ordered  paid  until 

audited 58 

action  of  not  of  force  unless  originated  in  Board 
of  Aldermen  and  approved  by  Board  of  Coun- 

cilmen 5 

acts  of,  authentication  of  by  Mayor 50 

Aldermen,  election  and  terms  of  office  of 7 

banks  of  deposit,  shall  designate 12 

bonds,  shall  determine  amount  to  be  issued. .  .  .  105 


286  iM)i;.\  'I'o  ciiAKTi:!}. 


Section 


Coniiuou  Council, 

hoiuls,  may  authorize  tho  issu(>  of  to  j^ay  out- 

staiuling  warrants  issued  to  pay  for  local  work  14 
ehairmen  of  committees,  ))()wers  of  to  subpoena 

witnesses - 31 

claims  against  the  city,  shall  audit  all 15 

claims,  not  to  be  ordered  paid  until  audited.. .  .  58 

consists  of 4 

contract  for  amount  exceeding  l)alance  of  esti- 
mate, may  be  recovered  from  meml)ers 73 

Councilmen,  election  and  term  of  office  of 6 

C'ouncilmen,  vacancy  in  oflice  of,  how  filled.  .  .  .  374 

(>xempt  firemen's  certificates,  may  grant 264 

fines  for  violation  of  ordinances  may  be  remitted 

by  two-thirds  vote 27 

giving  of  notice  or  reference  to  committee,  by 

Board  of  Aldermen  only 5 

lu>alth  ordinance  shall  not  adopt  unices  recom- 
mended by  lioard  of  Health 233 

joint  session,  to  fill  vacancy  in  office,  how  called  374 

journal  of,  when  evidence 497 

jom-nal  of  proceedings 10,35 

judgment  against  city,   may  authorize  Comp- 
troller to  borrow  money  to  pay  same 178 

legislative  power  of 4 

less  than  a  (juorum  may  adjoiu'ii  from  time  to 

time 8 

liabilities  to  city,  vote  to  release 27 

meetings  of  sp<M'ial,  notice  of 9 

meeting  of  to  fill  vacancv  in  elective  oflice,  how 

called ■ 374 

minutes  of,  of  force  without  approval  of  Mayor.  18 

offices  for  departments,  shall  prQ.vide 11 

<irdinances,  shall  enact 17 

I'ark  Conmiissioner,  no  member  eligible  to  office 

of '. 309 

printed  minutes,  when  evidence 494 

])roceeding  of  force,  without  approval  of  Mayor  18 

reward,  may  authorize  Mayor  to  offer I3 

rules  of  proceedings  of 10 

shall  me(^t  on  first  Monday  in  each  year  to  elect 

president,  etc 8 

vacancy  in,  how  filled 374 

work  or  improvement.  i)Ower  to  order 272 


INDEX   TO    CHARTER.  287 

Section 

Common  Council, 
Aldermen.  Board  of 

appointments  by 10 

aye  and  nay  vote  in 10 

City  Clerk  or  deputy,  when  to  act  as  presiding 

officer 8 

consists  of 7 

election  and  term  of  office  of 7 

election  returns,  canvass,  by 373 

journal  of,  when  e\'idence 497 

journal  and  publication  of  proceedings  of . .  .  .  10 

legislative  power  of 4 

less  than  a  quorum  may  adjourn  from  time  to 

time 8 

meetings  of  stated 9 

meetings  of,  special,  how  called 9 

members  who  vote  to  apply  money  for  a  dif- 
ferent purpose  than  it  was  raised  for.  guilty 

of  misdemeanor 486 

printed  minutes,  when  evidence 497 

ciualification  of  members.board  shall  be  judge 

of 10 

quorum  of 8 

removal  from  ward,  shall  make  office  vacant  7 

salary"  of 474 

sergeants-at-arms,  doorkeepers  and  messen- 
gers,, may  appoint 10 

shall  be  residents  of  ward  in  which  elected .  .  7 
shall  meet  first  Monday  in  January  in  each 

year  and  elect  by  ballot  its  president '8 

sittings  of,  public 10 

temporary  president 8 

term  of  office 7 

vacancy  in  office  of  Mayor,  power  of  board .  .  54 

vacancy  in  office  of,  how  filled 374 

vote,  unanimous  or  specified  when  required 

shall  be  required  in  each  board 8 

vote  required  in  various  measures, 

ayes  and  nays,  when  to  be  taken  in  Board 

of  Councilmen 10 

bonds,  to  authorize  the  issue  of  for  the  erec- 
tion and  furnishing  of  school  buildings, 

"two-thirds" 329 


2S8  IXDKX    TO    ClIAUTKU. 

Section 

Common   Council. 

buildings  to  orcct,  etc.,  "unanimous  voto  of 

those  present" sub.  o  17 

contract,  creating  liability  out  of  general 
fund,  "majorit}'  elected" 

estimates,  to  alter  or  amend,  "two-thirds"  73 

estimates  to  adopt  as  altered  or  amended,  70 

"majority" 70 

fines,  for  violation  of  ordinances  to  remit, 

"two-thirds" 27 

lamp  district,  to  extend  without  petition, 

"  three-fourths" 412 

monthly  assessment  roll,  to  correct  or  revi.se, 

"two-thirds" 288 

paving  or  grading,  etc.,  streets,  expense  ex- 
ceeding $500,  under  notice  of  intention, 
"three-fourths" 398 

resolution  of  determination  to  take  lands, 

"two-thirds" 419 

reward,  to  authorize  Mayor  to  off(T,  "two- 
thirds" 13 

sewer,  expense  exceeding  $40,000.00  to  di- 
rect assessment,  "two-thirds" 105  (a) 

to  increase  expenditures  in  any  department 
upon  certificate  of  Mayor,  Comptroller, 
and  Treasurer,  "two-thirds". 73 

to  redeem  lands  from  tax  sale,  "unanimous"         120 

to  release  from  liability  to  the  city,  "unani- 
mous vote  of  all  members  elected" 27 

to  permit  railroad  tracks  to  be  laid  in,  along 

or  across  streets,  "two-thirds" 28 

veto  of  the  Mayor,  to  overrule,  "two-thirds 
and  three-fourths" 18 

work  or  improvements  exceeding  $500 
(except  paving,  etc.,  streets  on  majority 
petition),  to  order  after  notice  of  inten- 
tion, "two-thirds" 407 

Councilmen,  Board  of. 

City  Clerk  or  Deputy,  when  to  act  as  presiding 

officer 8 

consists  of 6 

election  of 6 


INDEX   TO    CHARTER.  289 

Section 

Councilmen,  Board  of, 

less  than  a  quorum  may  adjourn  from  time  to 

time 8 

journal  and  publication  of  proceedings  of. 10 

meetings  of,  stated 9 

meetings  of,  special,  how  called.. . '. 9 

powers  of 5 

proceedings  of,  when  not  to  be  published 10 

qualifications  of  members,  board  shall  be  the 

judge  of 10 

quorum  of 8 

sergeant-at-arms,  doorkeepers,  and  messengers, 

may  appoint 10 

shall  meet  on  first  Monday  in  January  in  each 

year  and  elect  by  ballot  its  president 8 

sittings  of,  public 11 

temporary  president 8 

terms  of  office 6 

vacancy  in  office,  how  filled 374 

vote  in,  when  ayes  and  nays  shall  be  taken.  ...  10 
vote,  unanimous  or  specified,  when  required  shall 

be  required  in  each  board 8 

Comptroller, 

see  "Finance,  Department  of," 

Competency  of  resident  and  freeholder, 

as  juror,  etc.,  when  city  a  party 496 

Concealed  weapons, 

permit  for  carrying  of 209 

Conduits,  i 

maps  of,  to  be  filed 295 

Constable, 

bond  of 471 

election  of 365 

power  of 365 

term  of  office 365 

vacancy,  how  filled 374 

Contracts, 

discriminations,  in 504 

forms  of.  Corporation  Counsel  shall  prepare. ...  163 

for  work,  expense  exceechng  $500 283,408 

hours  of  labor 504 

in  excess  of  estimate 73 

officers  of  the  city  not  to  be  interested  in 184,247 

282,311,475 


2!K)  ].\i)i;\  TO  (  iiAKTi;i{. 

Section 

Copies  of  records. 

fees  for 500 

Corporate  seal  of  the  city 449 

Corporation  Counsel, 

see  "Law,  Department  of," 
Costs  and  fines, 

disposition  of 164 

Coiincilmen,  Board  of, 

see  "Common  Council." 
County  Clerk, 

Board  of  Health,  action  ])y,  record  of 242 

.  deeds  and  maps  filed- to  be  presented  to  assessor.'i  186 

tax  searches,  duty  of 114 

County  taxes, 

validity  of  lien  preserved 119 

Criminal  warrants, 

execution  of 202 

Crosswalks  and  approaches  to, 

construction  of 396 

how  paid  for 27."). 400 

repairs  of,  deemed  repairs  of  streets 275 

Culverts, 

control  of sub.  5  271 

D 

Dangerous  materials, 

licen.se  for  keei)ing suix  2  269 

Deaths,  registration  of 233 

Deeds  and  conveyances, 

record  of 136 

Deficiency,  assessment 409 

Departments  of  the  city 44 

Department  of  Public  Works, 

see  Public  Works,  Department  of. 
Destruction  of  buildings, 

at  fires  and  compensation  for 261,262,263 

Dis()rd(M-ly  hou.se, 

police  supervision  over 205 

Docks,  control  of sub.  5  271 

Dodge  Farm, 

restriction  on  sale  of 444 

Dogs. 

killing  of 210 

license  of 210 


INDEX    TO    CHARTER.  291 

Section 

Dog  Catchers, 

appointment  of 210 

Board  of  Police,  may  contract  with 210 

Dog  pound, 

power  to  construct 210 

Drains  and  drainage, 

inspector 235 

control  of  Health  Department sub.  3  239,240 

Drugs, 

inspector  of 235 


Education, 

see  "Public  Instruction,  Department  of." 

Elections, 

annual,  when  to  be  held 370 

ballot  boxes 372 

canvass  of  votes  by  inspectors 372 

canvass  of  returns  by  Board  of  Aldermen 373 

certificate  of,  result  of 373 

elective  officers  of  the  city 45 

elective  officers,  when  to  be  chosen 369 

general  laws,  to  govern 375 

notice  of.  City  Clerk  to  publish 371 

patrolmen  to  be  detailed 206 

Superintendent  of  Police,  duties  of 207 

term  of  elective  officers,  when  to  commence. .  .  .  369 
terms  of  officers  elected  to  fill  vacancy,  when  to 

commence 369 

Electrical  conduits, 

maps  of,  to  be  filed 295 

Electric  wires,  etc., 

power  of  city  to  regulate sub.  7  17 

power  to  place  underground sub.  4  271 

power  of  Park  Commissioners,  over 318 

Eminent  domain, 

assessments  set  off  against  awards 436 

awards,  payment  of 431,432,433 

awards,  moneys,  how  raised  to  pay  same 430-435 

awards  set  off  against  assessments 436 


292  INDEX   TO    CHARTER. 

Section 

Eminent  donudn, 

change  of  ownership  not  to  affect  proceedings. .  422 

Commissioners  in,  vacancy 423 

Commissioners,  extension  of  time  to  file  report.  423 

Commissioners,  oath  of 424 

Commissioners,  report  of 424 

Commissioners,  power  to  issue  subpoenas  and 

administer  oaths 424 

Commissioners  in,  disagreement  of 425 

Commissioners,  notice  of  apphcation  for 420,421 

Commissioners,  appointment  of 421,424 

Common  Council,  action  oii  report 426 

compensation  of  Commissioners 429 

confirmation  of  report,  conclusive 426 

confirmation  of  report,  record  of 428 

court  may  confirm  or  refer  back  report 426 

discontinuance  or  abandonment  of  proceedings  .  422,426 
district  to  be  assessed,  Board  of  Assessors  to  cer- 
tify to 418 

fee  of  lands  taken,  when  vested  in  city 434 

injunction  against  the  city  in,  forbidden 423 

leases  upon  lands  taken,  when  to  expire,  etc .  .  .  437 

notice  by  Corporation  Counsel 420 

notice  to  attorneys 422 

notice  of  proceedings ■ 420,422 

notice  of  pendency 422 

order  appointing  Commissioners.,  to  be  filed.. .  .  422 

orders  necessary,  power  of  court  to  make 423 

payment  of  awards  into  court  in  certain  cases. .  432,433 

power  to  take  lands 417 

practice  in,  to  conform,  etc 423 

proceedings  not  to  be  enjoined 423 

proceedings  to  perfect  title 417 

proceedings  to  take  lands,  mode  of  procedure.  .   418-428 

proceedings,  Clerk  of  Court  to  make  roll  of 427 

record  of  order  of  confirmation 428 

report  when  filed,  to  be    reported    to    Common 

Council 426 

report  of  Assessors  must  be  confirmed  before 

Common  Council  declares  intention  to  take.  .  418 
resolution  of  intention  must  describe  lands,  de- 
fine district  that  will  be  assessed,  and  how  ex- 
penses shall  be  paid 418 

resolution  of  intention,  publication  of 418 


IXDEX   TO    CHARTER.  293 

Section 

Eminent  domain, 
resolution  of  determination    must    be    adopted 
within  three  months  after  expiration  of  pub- 
lication  of   notice   of  intention 419 

sale  of  lands  abandoned 440-445 

streets,  power  to  take  fee  in 438 

streets,  alleys    and   squares,  used   as  such  for 

more  than  ten  years,  proceedings  to  take  fee  of   438,439 

taxes  and  assessments,   after  confirmation  of 

report 426 

territory  benefited,  determiuation  of 418 

Enabling  act 509 

Engines,  boilers, 

inspection  of sub.  7  17 

Engineers, 

appointment  of  examiner  of sub.  7  17 

Engineer,  Deputy  Commissioner 

duties sub.  1  273 

Engineer,  city, 

to  continue  to  perform  certain  duties,  etc 506 

to  perform  duties  under  Chapter  345,  Laws  of 

1888 506 

Estimates,  annual 

adoption  of,  vote  necessary 70 

cleaning  streets  and  removing  ashes  and  garbage  272 

expenditures  in  each  department  shall  be  kept 

within,  except,  etc 73 

expenditure  in  any  department  may  be  increased 
upon  certificate  of  Mayor,  Comptroller,  and 

Treasurer 73 

Firemen's  Relief  and  Pension  Fund  sum  may  be 

placed  in 269 

Fourth  of  July,  may  include  sum  for  celebration 

of 72 

heads  of  departments  to  furnish  Comptroller. .  .  67 

schools,  erection  and  furnishing  of,  and  purchase 

of  lots,  sum  may  be  placed  in 329 

shall  be  spread  upon  the  minutes  of  each  board       69,70 

sum  total  shall  be  raised  by  general  tax 71 

temporary  loans,  sum  shall  be  placed  in  to  pay 

same 179 

vote  to  alter  or  amend  same 70 

vote  to  adopt  as  altered  or  amended 70 


2!)4  INDKX    TO    CHARTEK. 


.Section 


Estimates,  annual, 

wlien  (V)ni))troller    shall   present    to  Board  of 

AUlennen 68 

when  Board  of  Aldermen  shall  proceed  to  eon- 

sid(>r  same 70 

when  Board  of  Aklermen  shall  finally  pass  upon  70 

when  Board  of  Couneilmen  shall  act 70 

when  Mayor  shall  act 70 

Examiner  of  engineers, 

ajipoip.tment  of sub.  7  17 

Executive  13epartment, 

division  of 43 

Exempt  firemen, 

jury  duty,  exem]n  from 264 

Exemption, 

from  local  assessments 159 

Expenditures  in  any  department, 

may  be  increased  upon  writt(Mi   certificate  of 

Mayor,  Comptroller,  and  Treasurer 73 

shall  not  exceed  estimate^ ." 73 

Explosives, 

licenses  for sul).  2  2()9 

F 

Fees, 

of  clerks  for  certified  copies 500 

to  be  paid  to  Treasiu'er,  etc 500 

Fence  viewers    367 

Fences,  dangerous, 

may  order  taken  down 30 

Fencing  lots sub.  7  271 

F'erries,  power  to  establish 29 

Financial  condition  of  the  city, 

annual  rei)ort  of 66 

Finance,  Depart m(Mit  of  , 

Comjitroller, 

accounts  and  books  to  keep 57 

amiual  tax,  ai)i)ortiomnent  l)y 75 

auditor,  appointment  of 58 

bond  of 48 

bonds  due  and  condition  of  funds,  shall  cer- 
tify to 105 

bonds,  sale  of,  dutv  as  to 492 

clerks  of .' 480 


INDEX   TO    CHARTEK.  295 

Section 

Finance,  Department  of, 
Comptroller  (continued) 

collection  of  tax,  may  enforce  by  sale 108 

deputy,  and  duties  of .      480 

election  of 45 

estimates,  heads  of  departments  shall  furnish 

to 67 

estimates,  shall  present  to  Board  of  Aldermen  68 
financial  condition  of  the  city,  shall  make  an- 
nual report  of ,  66 

general  tax  roll,  when  shall  deliver  to  Treasurer  75 

judgments  against  city,  payment  of 178 

local  redemption  fund,  duty  as  to 14 

local  assessment  rolls,  duty  of 93 

moneys  received  on  tax  sale  redemption 57 

moneys,  to  pay  daily  to  Treasurer 57 

moneys  collected  by  tax  collector,  report  to  84 

notice  of  tax  sale 110 

powers  and  duties  of 56-60 

sale  of  lands  for  taxes,  duty  as  to 106-126 

statement  of  tax  rolls  returned,  shall  prepare  107 

tax  agents,  shall  keep  register  of 125 

term  of  office 47 

unpaid  taxes,  action  for  collection  of 77 

unpaid  taxes,  returned  to 91,102 

unpaid  taxes,  transcript  of 104 

warrants,  to  keep  account  of 57 

warrants,  to  countersign 60 

warrants,  to  direct  payment  of 105 

Treasurer, 

action  by,  to  collect  taxes 77 

annual  tax,  notice  of 76 

annual  tax,  addition  of  interest 76 

banks  of  deposit 12 

bond  of 48 

clerks,  appointment  of 480 

collector  of  unpaid  taxes,  appointment  and  fees  of  79,92 

deputy,  appointment  of 480 

election  of 45 

liability,  paying  illegal  warrant 73 

local  rolls,  to  retain  until 97 

local  rolls,  to  index 94 

local  rolls,  to  publish  notice  of  receipt 94 

local  roll,  duty  of 104 

local  warrants,  payment  of 105 


290  INDEX    T(J    CHARTKH. 

.Section 

Treasurer, 

moneys  lent,  wrongly  dcjiositcMl  or  unlawfully 

appropriated 63 

moneys,  no  one  shall  r('C('iv(>  for  the  city,  excei)t. 

etc 64 

Police  Pension  Finid 211 

powers  antl  duties  of 59.62 

return  of  tax  rolls  b}- 107 

term  of  office 47 

warrants,  notice  of  payment  of 105 

warrants,  duties  as  to 60,61,62 

Fines  and  pcjialties. 

civil  action  to  recover 20,2.3 

remission  of 27 

Firearms, 

permit  to  carry 209 

Fire,  Department  of, 

annual  report  to  Council 256 

appointment  of  Commissioners 245 

appointments  by  Commissioners 249.250 

arrests  at  fires,  who  may  make 260 

Chief  Engineer,  duties  of 257 

creation  of. .  . 245,246,250 

contracts,  members  of  Board  shall  not  be  inter- 
ested in 247 

destruction  of  buildings  at  fires 261 

destruction  of  buildings  at  fires,  compensation  for  262,263 

exempt  firemen's  certificate 264 

expenditures  in,  power  of 253 

expenditures  exceeding  $500  shall  not  be  made 

without  consent  of  Common  Council 253 

Firemen's  Benevolent  Association,  monevstobe 

paid  to .^ 265 

fires,  to  investigate  cause  of 255 

general  powers  of  Board 252 

jury  duty,  exempt  from 264 

leave  of  absence  and  sickness 251 

licenses  for  sale  of  explosives .sub.  2  269 

meetings  of  Jioard 248 

members,  except  Commissioners,  shall  not  be 

engaged  in  any  other  business 257 

militia  duty,  exempt  from 264 

Pension  Fund,  consists  of 266 

premises,  power  to  examine 258 

president  of  Board 248 


INDEX   TO    CHARTER.  297 

Section 

Fire,  Department  of, 

purchases  by  Board 252 

purchase  or  sale  of  lands,  etc.,  for  use  in,  shall 

not  be  interested  in 247 

ciualification  of  Commissioners 245- 

quorum 246 

records  of  secretary,evidence  in  legal  proceedings  249- 

removals  by  Board 250 

removals  of  Commissioners 247 

repairs,  power  to  make,  except,  etc 252 

retirement  of  officers  and  members  by  Board. .  .  268' 

retirement  upon  application sub.  2  268' 

rules  and  regulations 254 

rules  to  govern  proceedings 248 

salaries  of  employees,  shall  fix,  etc 250 

secretary,  appointment  and  removal  of 249 

secretary,  duties  of 249 

subordinates,  power  to  employ 252 

telegraph  fire  alarm,  superintendent  of 257 

temporary  Comu/issioners 245 

vacancy  in  Board 245 

violation  of  fire  ordinances,  shall  report  to  Cor- 
poration Counsel 259 

witnesses,  power  to  subpoena 255 

Firemen's  Relief  and  Pension  Fund, 

annual  report  of  trustees sub.  8  268 

application  of sub.  5  268 

Board  of  Trustees,  powers  and  duties  of 267-269' 

bond  of  Treasurer 267 

Corporation  Counsel,  duty  of 270 

creation  of  and  what  to  constitute 266 

fines  and  penalties,  action  to  recover 270 

fraudulent  pension,  penalty sub.  4  270 

monthly  payments  of  moneys  to,  by  officers  and 

•      Boards sub.  2  270 

'     organization  of  Boards  and  trustees     267 

pensions  to  retired  members sub.  2  268 

pensions  to  families  of  officers  and  members.. .  .  268 

pensions,  how  granted 268 

pensions,  how  paid sub.  7  268 

pensions,  exempt    from  execution  and  attach- 
ment  ■ sub.  3  270 

sum  for  may  be  placed  in  estimates .  269 

transfer  of  funds  to  Treasurer sub.  5  270 

Treasurer  and  his  duties 267,269* 


29.S  IXDEX   TO    CHAHTER. 

Section^ 

Firomen's  Relief  and  I'ciision  ruiid. 

Trcasuirr  may  bring  action  to  recover  any  fee, 

fine  or  penalty sub.  3  269 

Fire  limits, 

ordinance  to  be  enacted sub.  5  17 

Firemen, 

exempt  from  jur}-  duty 264 

exempt,  certificate 264 

Firemen's  Benevolent  Association, 

moneys  to  be  paid  to 265 

Fireworks,  license  to  keep sub.  2  269 

Fiscal  year,  when  begins 65 

Food  supplies, 

inspectors. of 235 

Fountains,  may  construct 401 

Fourth  of  July, 

fund  for  celel)ration  of 72 

Freeholder, 

competency  of,  as  juror,  etc..  when  city  a  part^"  496 

G 

Gambling  houses,   , 

police,  powers  as  to 205 

Gas  connections, 

laying  of  and  assessment  roll 288 

Gasoline, 

license  to  keep sub.  2  269 

General  provisions 475-50S 

Grade  of  streets 392,406 

Gunpowder, 

license  to  keep sub.  2  269 

power  of  city  as  to  regulation  of sub.  7  17 

H 

Hackmen, 

police  supervision  of 204 

Harbor  master, 

appointment  and  term  of  office  of 376 

ice ,  exclusive  power  to  sell  right  to  cut 379 

jurisdiction  of 377 

office  of,  shall  be  near  foot  of  Main  St 376 

ordinances,  shall  enforce  and  report  violation  of 

to  Corporation  Coun.sel 378 

police,  may  call  upon  for  assistance  to  execute 

orders 381 

removal  of  obstructing  crafts 377 

wrecks,  removal  of 38o 


INDEX   TO    CHARTER.  299 

Section 

Heads  of  Departments, 

annual  estimates  of 67 

annual  statements  by 495 

Health,  Department  of, 

assistant  health  officer,  appointment  of 235 

Board  of  Health  consists  of 231 

buildings,  power  of  Commissioner  over 238 

business,  dangerous  to  public  health,  power  to 

prohibit 237 

Commissioner, 

appointment  of 231 

Department  under  control  and  management  of  231 

powers  and  duties  of 232,237 

ciuahfication  of 231 

ordinances,  to  prepare 233 

term  of  office, 231 

creation  of 231 

districts,  division  of  city  into 233 

district  physicians, appointmentandremovalof  244 

district  physicians,  duty  of 234 

district  physicians,  term  of  office 235 

drainage  and  plumbing,  power  over. . .  .  sub.  3  239 

employees,  appointment  of 235 

employees,  term  of  office 235 

enforcement  of  powers  of,  by  courts 242 

hospitals  in  which  city  patients  are  received, 

Commissioner  to  visit 243 

infected  property ,  power  to  destroy. .  .  ., 241 

infectious  diseases,  power  over 241 

livery  stable,  power  of  Commissioners  over.. .  238 

nuisances,  power  over 237 

ordinances,  violation  of 244 

pestilence,  power  in  case  of 236,241 

plumbers,  qualifications  and  registration  of .  .  239 

plumbers,  registered  list  to  be  published .  sub.  2  239 

quarantine  hospital 241 

rules  and  regulations  in 240 

salaries,  how  fixed 235 

slaughter  houses ,  power  of  Commissioner  over  238 

Superintendent  of  Police,  shall  execute  orders  of  235 

tenement  houses,  power  over 238 

Hospitals, 

city  patients  in, inspection  of  and  discharge  from  243. 


300  IXDKX    TO   CHARTKH. 

Section 

Hj'drants, 

control  and  establishment  of  and  expense,  how- 
paid  2S9 


Ice. 

power  to  =^ell  rig;ht  to  cut 370 

Increased  expenditure   in  any  tlepartment,   how 

provided 73 

Inspectors  of  buildings. 

appointment  and  (lualifications  of sul).  4  272 

Inspectors  of  engines  and  boilers 

appointment,  qualifications  and  term  of  office. 

sul).  7  17 

Intelligence  office, 

police  supervision  over 204 

Interest, 

on  public  money,  earned  or  accrued  shall  belong 

to  the  city. .  .' '.  4S7 

on  taxes  and  assessments,  how  computed 83 

J 

Journal  of  Common  Council 10 

Avhen  eviclenc(> 497 

Jubilee  watenvorks. 

claims  against,  audit  of  by  Commissioners 307 

Commissioners,  appointment  and  term  of  office  of  301 

Commissioners,  Cjualification 301 

Commissioners,  vacancy,  how  filled 302 

Commissioners,  powers  of 303 

fund,  creation  and  application  of 306 

maintenance  of 300 

ordinances,  enactment  of 305 

Superintendent,  appointment  and  removal  of...  304 

water  rates,  Common  Council  shall  fix 305 

Judgment  cretlitors.  redeeming  lands  from  tax  sale. 

may  add  amount  paid  to  mortgage  or  judgment  127 

Judgments  against  the  city,payment,how  provided  178 

Junk  shop  keepers,  police  supervision  over 204 

Jurors, 

in  cit}'  cases,  who  ciualify 496 

who  exempt  from  duty,  as, 264 

Justice  of  the  Peace. 

absence  or  inabilitv,  provision  in  case  of 385 

bond  of ' 48.385 


INDEX   TO    CHARTER.  301 

Section 

Justice  of  the  Peace, 

commitments  for  nonpayment  of  fine 389 

criminal  cases,  shall  send  to  Police  Justice 386 

designation  of  to  attend  station  houses 385 

election  of 45,385 

fines  collected,  how  disposed  of 385 

jurisdiction  of 385 

ordinances,  duty  in  case  of  violation  of 387 

powers  and  duties  of 385 

record  of  con\dctions,  how  filed. 390 

removal  or  suspension  of 385 

salaries,  how  fixed 385 

term  of  office 47.385 

trial  before,  for  violation  of  ordinances 388 

K 

Kerosene, 

license  to  keep sub.  2  269 

L 

Labor, 

discrimination  as  to 504 

eight  hours  a  day's  work 504 

extra  time,  compensation  for 504 

Lamps  and  lamp  district, 

see  light. 
Lands  acquired  for  public  use, 

abandonment  and  sale  of 440,455 

Law,  Department  of. 
Corporation  Counsel, 

accident  report  book,  shall  keep 171 

annual  report  to  Council 175 

assistants,  appointment  of 165 

assistant  attorney,   appointment   and  qualifi- 
cation of 165,166 

assistant  attorney,  duties  of 166 

attorney,  appointment  and  qualification  of.. .     165.166 

attorney,  duties  of 166 

attorney  shall  perform  duties  in  absence  of 

Corporation  Counsel 172 

attorney,  oath  of  office  and  bond  of 172 

claims  for  personal  injuries,  duties  in  regard  to      171 


302  IXUKX   TO    CHARTER. 

Sjction 

Law,  Department  of, 

costs  or  commissions  collected,  shall  [nxv  to 

city \  ..  .  164 

election  of 45 

failure  to  comply  with  Sections  170  and  171 

deemed  a  misdemeanor 177 

fees  and  emoluments,  shall  not  receive 164 

inventory  of  records  and  books,  etc.,  shall  file 

with  Comptroller 173 

judgments  recovered,  shall  file  statement  with 

Comptroller 167 

law  register,  duty  as  to 170 

managing  clerk,  qualification  and  duties  of.. .  166 

monthly  payment  of  costs  and  commissions .  . 

and  report  of 164 

official  bond  of 174 

powers  and  duties  of 161.163 

qualifications  of 162 

retained,  not  to  be,  by  city  after  expiration  of 

term,  except,  etc 169 

substitution  of  as  attorney  of  record 168 

successor,  to  turn  over  papers  and  propertv  of. 

the  city  to : \..  169 

term  of  oflSce 47,162 

violation  of  fire  ordinance  shall  not   settle 

without  consent  of  Fire  Board 259 

Legislative  Department, 
.see  Common  Council. 
Liabilities  to  city, 

certain,  may  be  released  by  unanimous  vote.  etc.  27 

for  breach  of  any  bond  or  undertaking,  shall  not 

be  released 27 

Licenses, 

Clerk '  51 

dog  licen.ses 210 

duty  of  City  Clerk  as  to 35 

for  sale  of  explosives sub.  2  269 

pistols,  to  carrv' 209 

i.ssue  of 52 

record  of 35 

revocation  of 52 

Licensed  places, 

pnjicc  su])er\'ision  over 240 


INDEX   TO    CHARTER.  303 

Section 

Light, 

contracts  for  lighting 416 

DepartmentofPubhcWorkstohavecharge,sub.  4  271 

electric  lighting 415 

expenses  of  extension  paid  from  general  fund .  .  413 
expense   of  lighting  and  maintaining  district, 

raised  by  general  tax .  . 414 

lamp  district,  how  created,  altered,  or  extended.  412 
lamp-posts  and  lamps,  to  be  purchased  and  kept 

on  hand  by  city 416 

lamp-posts  and  lamps,  not  in  use  may  be  stored  416 

]X)wer  to  light  streets  or  contract  for  lighting.. .  411 
power  to  purchase  and  maintain  works  to  provide 

light 411 

vote  of  three-fourths  of  each  board  required  to 

extend  lamp  district  -without  petition 412 

work  under  this  heading  must  all  be  executed 

under  direction  of  Department  of  Public  Works  416 

Livery  stables, 

power  of  Health  Commissioner  over 238 

Local  redemption  fund, 

bonds  for  local  work 105 

collection  on  local  rolls 104,105 

creation  of 14 

duty  of  Comptroller 14 

moneys  credited  to 14 

payments  out  of 14 

surplus  from  tax  sales,  when  added  to HI 

Local  assessments, 

no  lands  exempt  from 159 

Lotteries, 

duty  of  Superintendent  of  Police 205 

Lots, 

filling  of sub.  7  271 


M 

Maps,  etc., 

Assessors,  record  of  by 136 

conduits,  maps  of,  to  be  filed 295 

filing  of  in  County  Clerk's  office 136 

open  to  inspection 490 


304  IXDKX   TO    CHAUTl^U. 

Section 

xMaps. 

relating  to  i)ublic  wm-k,  niakiii<;;  and  preserva- 
tion of sub.  9  271 

Market  buildings, 

eharge  and  coiUrol  of sub.  6  271 

charge  and  control  of sub.  4  273 

power  to  construct  and  maintain 401 

Mayor, 

absence  of,  may  designate  an  Alderman  or  Coun- 
cilman    54 

appointments  by 53 

Assessors,  when  to  aj){)oint  in  case  of  local  assess- 
ment   135 

election  of 45 

executive  and  administrative  power  vested  in. .  43 

exempt  firemen's  certificate 264 

general  power  and  duties  of 49,51,53,55 

licenses,  power  to  issue 52 

military,  when  may  call  out 186 

minutes  of  the  Council,  approval  of,  except,  etc.  18 
minutes  of  the  Council  not  returncnl  by  in  ten 

days,  duty  of  City  Clerk 18 

ordinance,  of  force  if  not  returned  disapproved 

within  ten  days 18 

Park  Board,  ex-officio  member  of 308 

Police  Board,  ex-officio  member  of 181 

Police  Justice,  when  may  act  as 382 

resolution  of  force  if  not  returned  disa{)proved 

within  ten  days 18 

rewards,  offer  of 13 

seal  of  the  city,  custod}'  of 50 

secretary,  appointment  and  removal  of 51 

subordinates,  appointment  and  removal  of 51 

term  of  office  of •.  47 

vacancy  in  office  of 374 

veto  of,  vote  required  to  overrule 18 

MessfMiger,  Common  Council, 

appointment  of 10 

Military,  when  and  how  called  out 186 

INIinutes  f»f  the  Council, 

when  evidence 494 

i-ertain,  shall  not  be  jin^sented  to  Mayor  for  ap- 
proval   18 

Miscellaneous  i)rovisions 475-508 


INDEX   TO    CHARTER.  305 

Section 

Money,  pviblic, 

converting  to  own  use,  larceny 488 

interest  on,  belongs  to  city 487 

misappropriation  of 486 

Monthly  Assessment  Roll 288 

Mortgagee  redeeming  lands  from  tax  sale,  may  add 

-  to  mortgage 127 

Municipal  Court, 

action,  where  title  to  real  property  arises 457 

actions  upon  accounts 458 

actions,  when  called.. .  .  : 458 

actions  with  corporations 458 

actions  by  domestic  servants 458 

adjournment  of  actions 458 

amendment  of  pleadings 458 

answers,  when  to  be  written,  etc.,  and  effect.  .  .  460 

appeals  from 457 

appointments  of  clerks  and  deputies  shall  be  in 

writing,  and  filed  with  County  Clerk 466 

authority  of  attorney  presimied.  .  . 458 

bond,  bail 457 

books,  blanks,  etc 469 

cancellation  and  discharge  of  judgments 458 

causes  of  action,  jurisdiction  of 456 

certificate  of  Clerk,  to  be  received  in  evidence. .  466 

civil  code,  when  applicable 457 

clerks,  power  and  duty  of 466 

clerks  and  deputies,  appointment  of 466 

clerks  to  give  bail;  and  said  bail  to  be  filed  with 

City  Treasurer 466 

complaint  and  answer 458 

constables,   powers  of,  to    serve   and    execute 

process 471 

constables,  bond  of  and  amount  of  to  l)e  fixed 

by  judges 471 

constables,  fees  of 471 

contempt  in 465 

costs \  462 

courts,  when,  how  and  where  held 455,469 

courts,  when  open  for  business 455^ 

criminal  warrants  in 465 

default,  power  to  open,  set  aside  judgment,  etc.  470 


30()  INDEX    TO    (H.VHTKR. 

Secticn 

IMuuii'ipal  I'ourt, 

clonmrrcr 458 

docket  of 466 

domestics'wages,execiitioii  for  no  limit  .discharge        458 

domestics'  wages,  cost  in 458 

duty  and  power  of  clerks 466 

execution  upon  judgments  for  fines,  etc 25 

executions. 458 

exhibition  of  accounts,  etc 458 

fees  in  actions  and  proceedings 464 

fees,  minute  of  to  be  kept 467 

fees,  accounting  for 467 

fees  shall  be  deposited  before  salaries  of  clerks 

,     shall  be  paid 467 

fees  of  stenographers 468 

first  process  in  actions  for  violation  of  ordinances  24 

judges,  election  of 45,452,453 

judges,  term  of  office  of 47,452-453 

judges,  qualification  of 454 

judges,  sickness  or  inability  of,  appointment  of 

persons  to  act 455 

judgments  in,  lien  of 458 

judgment,  filing  of  in  any  other  county 458 

judgment  obtained  by  domestic  servants,   no 

property  ex(unpt  from  le-v\' .  .'. 458 

judgment  by  default 461 

judgment,  when  rendennl  and  entry 463 

judgment  in,  setting  aside 470 

judgment,  entry  of  against  one  or  more  defend- 
ants    472 

jurisdiction  of 451 .456 

jury  trial,  waiver ' 457 

oath  of  office  of  clerks  and  de])uti('s  and  where 

filed 466 

offer  of  judgment  and  acceptance  or  rejection 

thereof 458 

official  seal  of 466 

pleadings  in 457,458 

powers  and  jurisdiction  of 451,456 

practice  in 457 

process  in    457 

salaries  of  clerks  shall  not  he  paid  mitil  fees  have 

been  accounted  for 467 

seal  of .  466 


IXDEX   TO    CHARTER.  307 

Section 

Municipal  Court, 

seamstress'  or  laundress'  wages,  provisions  in 

relation  to  domestic  applicable 458 

severance  of  action  and  entry  of  judgments  for 

parts  admitted 472 

stay  of  proceedings 470 

stenographers,  appointments  and  duties  of 468 

stenographers,  oath  of  office  and  filing  of 468 

stenographers,  fees 468 

Supreme  Court,  power  over 470 

transcripts  of  judgments 458 

trials  in,  by  court  or  jur}- 457 

variance  between  truth  and  allegations. ..."....  458 

warrants,  criminal 465 

written  complaint  in  certain  actions  and  serving 

of  summons 259 

N 

Naphtha,  license  to  keep " sub.  2  269 

Nonresident  land  owner  may  appoint  tax  agent.  .  149 

Nonresident  mortgagee  may  appoint  tax  agent. .  .  125 
Nuisance, 

abatement  of sub.  8  17,395 

power  of  Health  Commissioner  over 237,238 

power  of  Department  of  Public  Works  over,  sub  8  271 

o 

Oaths  and  subpoenas, 

by  Auditor 58 

by  Chairman  of  Committee 31 

by  Fire  Commissioners 255 

by  Mayor 49 

by  Police  Commissioners 195 

power  of  any  officer  or  member  of  any  Board  to 

take  and  issue 502 

Obscene  amusements,  duty  of  Superintendent  of 

Police 205 

Officers  of  the  city, 

acceptance  of  other  public  office  by,  shall  cease 

to  hold  present  office 475 

appointive 45,53 

appointive,  term  of  office 484 

bond  of,  form  of 476,478 

bond  of.  approval  of 478 

bonds,  record  of 479 


308  INDKX    TO    (  HARTER. 

.                              .  Section 

Officers  of  the  city, 

bonds  of,  contents 48 

bonds,  neglect  to  file,  duty  of  City  Clerk 40 

bonds,  justification  of  sureties 478 

books,  etc.,  refusal  to  deliver  to  successor  a  mis- 
demeanor   485 

books,  etc.,  in  office,  open  to  insjDection 490 

clerks,  who  may  appoint 480 

Commissioners  of  Deeds,  ex-officio 481 

contracts,  not  to  be  interested  in 47o 

deputy,  liability  for  conduct  of 477 

deputies,  oath  of  office  and  bond  of 480 

deputies,  who  may  appoint  and  powers  of 480 

duties  of,  to  be  prescribed  by  Council. .  .  ..sub.  2  17 

elective 45 

elective,  term,  when  to  commence 369 

elective,  when  to  be  chosen 369 

elective,  to  serve  out  term,  except 506 

elective,  shall  hold  over  imtil  successor  enters 

office 484 

elector,  must  be 46 

extra  compensation  prohibited 475 

fees  of  for  copies  of  records 500 

misapi)r()]:)riation  of  money  by 486,  488 

neolcct  of  duty 489 

oaths  of  office 39,  40 

oaths,  })ower  to  administer 502 

other  public  oflSce,  .shall  not  hold,  except 475 

removal  of 49 

resignations,  how  made •  •  •  •  482 

salaries,  no  change  .sliall  be  made  during  term  of 

office sub.  1  17 

terms  of  elective 47 

term  of  person  elected  by  Common  Council  to  fill 

vacancy 374 

vacancy  in  elective  office,  how  filled 374 

vacanc}^  in  appointive  office,  how  filled 483 

vacancy,  when  declared 39 

Official  l)()nds, 

acknowledgment  of 478 

approval  of  by  Mayor 478 

form  and  conditions  of 476 

ju.stification  of  sureties 478 


INDEX   TO    CHARTER.  309 

Section 

Official  bonds, 

liability  for  conduct  of  deputy 477 

of  deputies 480 

record  of 479 

who  shall  give 48 

Official  paper, 

contract  for 450 

how  designated 449.450 

notice  to  publishers  of  daily  papers 449 

publication  when  commenced  in  shall  be  com- 
pleted by  it 450 

Official  printing, 

audit  of  claims  for 448 

blank  forms  for  proposals,  Corporation  Counsel 

shall  prepare 447 

contract  for  official  paper 450 

contract  for  official  printing 448 

detailed  statement  of,  heads  of  departments  shall 

furnish  to  City  Clerk 446 

minutes  of  the  Council 449 

notice  inviting  proposals 447 

opening  of  proposals,  by  whom 448 

ordinances 449 

specifications  for.  City  Clerk  shall  prepare 446 

Ordinances, 

act  reciuired  to  be  done  by,  in  front  of  or  upon 

lands,  how  punished 19 

actions  to  recover  fines,  how  brought,  etc 23.24.25 

action,  civil,  to  recover  fine 20 

approval  of  by  the  Mayor 18 

arrest  without  warrant  for  violation  of 21 

baths,  to  establish sub.  8  17 

bathing sub.  4  17 

bells,  ringing  of sub.  8  17 

births  and  marriages,  return  of sub.  8  17 

boilers,  steam  inspection  of sub.  7  17 

bonds  of  city  officers sub.  10  17 

buildings,  erection  of sub.  5  17 

buildings,   superintendent  of,   to  enforce  ordi- 
nances   290 

burials  and  incineration  of  dead,  to  prescribe 

limits  for sub.  8  17 

burial  grounds,  to  purchase sub.  8  17 

cattle,  to  prohibit  running  at  large sub.  9  17 

cartmen,  to  license sub.  6  17 


12 


-ill)  IXDKX    To    (  HAKTKR. 

Section 

Ordinances, 

certificate  of  passage  of IS 

criminal  prosecution  for  violation  of 2() 

disorderly  conduct,  to  define  and  prevent .  suli.  '.'>  1 7 

duties  of  officers,  to  ])rescril)(' sub.  2  1  7 

effect,  when  to  take 22 

employees,  to  fix  numl)er  of sub.  1  17 

employees,  to  fix  salaries  of sub.  1  17 

enactment  of 17 

fine,  amount  limited 20 

fines,  how  prescribed 20 

fines,  civil  action  to  recover 20 

fines,  imprisoimient  not  to  exceed  six  months.  .  21 

fines,  how  released ,    27 

fire  limits sub.  5  1 7 

fish  stands  and  sale  of  fish sub.  8  17 

flagmen  at  railroad  crosshigs suli.  7  17 

food  or  drink,  hispection  of suli.  S  1 7 

funerals,  to  regulate sub.  8  1 7 

general sub.  11  17 

gimj^owtler  and  other  explosives .sub.  7  17 

harbors sub.  4  1 7 

Health,  Common  Council  shall  not  adopt  unless 

recommended  b}'  Boartl  of  Health 28o 

ice  impure sub.  8  1 7 

imprisonment  for  \-i()latioii,  limit  of 21 

licenses sub.  6  1 7 

liver^^  stables sub.  S  1 7 

locomotive  engines,  to  regulate sub.  7  17 

markets,  to  regulate sub.  8  17 

marriages,  return  of  bills  of sub.  8  17 

meats,  sale  of sub.  8  17 

motive  i)ower  and  speed  of  railroads sul>.  7  17 

naming  of  streets  and  alleys sub.  9  17 

noisome  buildings sub.  8  17 

nuisance,  to  abate sub.  8  17 

numbering  of  buildings sub.  9  17 

officers,  number  of  to  be  fixed  by sub.  1  17 

officers,  to  prescribe  duties  of sub.  2  17 

Park.  Board  of  to  enact,  etc 321,322 

penalties  in,  how  enforced 21 

Poor  Department  of, 358 

porters,  to  licen.se sul).  6  17 

jirinted  books  of,  evidence 41 

])roof  of 41 


INDEX   TO    CHARTER.  311 

Section 

Ordinances, 

publication  of 22 

railroads  and  steam  engines sub.  7  17 

record  of  City  Clerk,  presumptive  evidence 41 

ringing  bells sub.  8  17 

salaries,  to  be  fixed  by,  except,  etc sub.  1  17 

school  districts •. 325 

schools,  teachers,  compensation,  and  course   of 

study 330 

sewers,  private  and  public sub.  8  17 

sinks  and  privies,  regulations  of sub.  8  17 

slaughterhouses sub.  8  17 

steam  engines,  inspection  of sub.  7  17 

steam  whistles sub.  8  17 

streets    and    public    grounds,    encroachments 

upon sub.  9  17 

telegraph,  telephone  and  electric  light  wires  and 

poles sub.  7  17 

trees,  on  streets  and  public  grounds,  planting  of, 

etc sub.  9  17 

vacant  lands,  to  compel  owners  to  fence .  .  sub.  9  17 

vegetables,  to  regulate  sale  of sub.  8  17 

violation  of,  arrest  for 21 

vital  statistics sub.  8  17,233 

water,  waste  of sub.  8  17 

water  meters sub.  8  17 

weights  and  measures sub.  9  17 

wharves  and  harbors sub.  4  17 

when  in  effect 22 

wires,  placing  underground sub.  7  17 

words  "Common  Council,"  and  "Council"  de- 
fined  sub. 12  17 

Overseer  of  Poor. 

see  Poor,  Department  of. 

P 
Parks,  Department  of. 

Board  of  Park  Commissioners, 

absence  of  Commissioner  creates  vacancy. .  .  .  319 

annual  report  of 312 

compensation,  actual  disbursements 309 

consists  of 308 

contracts,  not  to  be  interested  in 311 

expenses  of 309 

leases  by < 313 


312  IXDKX    TO    rilAHTKlt. 

Section 

Parks.  1  depart  incut  of. 

Board  ol'  Park  ('oniinissioner.s, 

niimQ  and  stylo  of  l^oard 308 

minil)er,  Hoard  consists  of 308 

oath  of  office  and  where  to  be  filed 311 

powers  of.  general 310 

(lualificatio}is  of 310 

quorum 310 

removal  of  Commissioners 311 

sales  by 313 

terms  of  office 308 

vacancy  in  Board,  how  filled 308- 

annual  appropriation,  how  made 315 

aimual  estimate  of 315 

approaches  defined 310,323 

boats  on  park  waters,  power  to  license ' .  .  .  314 

connectionSjpower  over  and  expense,how  assessed        316 
contract  or  work,  Commissioners  not  to  be  inter- 
ested in 311 

creation  of 308 

debts  and  liabilities,  power  to  create 317 

estimate  of  shall  be  revised  by  Comptroller.  ...  315 
expense  of  opening,  grading,  paving,  etc;  road- 
ways of  approaches,  how  paid 315 

expense  of  opening,  grading,  paving,  etc.,  streets 

intersecting  park,  to  be  local  assessment 310 

grants  of  real  or  personal  property  to 320 

hacks,  omnibuses,  etc.,  power  to  license 314 

jurisdiction  of  Common  Council  over  approaches  310 

laying  out  and  enlarging 391 

lease  and  .sales  of  buildings  and  products 313 

moneys  granted,  how  d's})ur.sed 315 

moneys     granted      for     any      particular     im- 
provement, shall  not  be  applied  to  any  other 

purpose 315 

notice  of  intention  to  order  work 310 

oath  of  Commissioners 311 

ordinances,  relative  to  sidewalks 310 

or(liiianc(>s  for  the  go\-ernment  of.power  to  enact  321 

ordinances,  violation  of 322 

})arks,  term  defined 323 

])arkway  or  approach.  i)ower  {o  contract  to  keep 

pavement  in  repair 317 

police  force,  part  of  general  police  force 310 


INDEX   TO    CHARTER.  313 

Section 

Parks,  Department  of, 

receipts  for  licenses,  how  applied 314 

removal  of  Commissioners 311 

repair  of  parkways  and  approaches 315 

roadways,  power  to  open  and  grade,  etc 310 

sewer,  gas,  and  water  pipes,  sole  power  over 

laying  same 316 

sidewalks  upon  approaches,  power  to  construct 

and  repair,  and  how  assessed 315 

sidewalk  borders  and  approaches,  control  of.. .  .  310 

streets,  intersection  of  in  parks 310 

streets,  sidew^alks,  etc.,  power  over 310 

■    streets  shall  not  be  laid  out  to  intersect  any  park, 

without  consent  of  Park  Commissioners 310 

street  railways,  power  to  grant  privilege  of  oper- 
ating railways  through  approaches 314 

subord  nates,  appointment  and  salaries  of 310 

terms  in  act  defined 323 

wires  and  posts,  erection  of,  power  over 318 

Patented  articles. 

when  permitted 505 

Paving  streets. 

assessments  shall  be  five  annual  installments  in 


any  case. 


103 


bonds  may  be  issued  to  pay  for  work 105 

patented  articles  shall  be  laid  for  repairs  onlv .  .  505 

petitions  for 397,398,399 

Pawnbrokers. 

license  for sub.  6  17 

police  supervision  over 204 

Petitions. 

to  discontinue  or  contract  a  street ■  ■  394 

to  pave,  grade,  etc 397,398,399 

to  extend  lamp  district 412 

Physicians,  city, 

appointment  and  removal  of 234 

duty  of 234  352.361 

investigations  by 352 

police  officer's  order  to,  to  visit  sick  person ....  361 

term  of  office 235 

weekly  report  of 363 

Piers,  control  of     sub.  5      271 

Plumbers  and  plumbing, 

inspectors,  appointment  of 


314  IXDKX    T(l    (IIAKTKR. 

Section 

Plumbers  and  pluuihiiiii. 

list  of  re<fister('cl,  to  1k'  ]>ul)lisli('(l sul).  2  239 

qualififations  of 239 

registration  of 239 

to  submit  plans    and    drawings    to    Board    of 

Health..  .  .' sub.  3  239 

Police  Court, 

see  Police  Justice. 
Police,  Department  of, 

accounts  against,  certificate  of 213 

aiuiual  estimate  of  expenses 214 

anniial  report  of,  to  Common  Council 215 

amuial  rei)ort  to  Suijcrvisors 218 

a))puintments  by,  how  made 187,200 

arrest  l^y  without  ])roccss 199,205 

auctioneers  of  jewelry,  supervision  over 204 

Boanl  of  Police,  members 181 

Board  of  Police,  meeting 184 

Board  of  Police,  powers,  and  duties  of 185 

bond  of  Superintendent,   assistant   clerks  and 

members 201 

books  and  records  in 203 

captains,  qualifications  of 190 

cartmcn,  supervision  over 204 

clerks  and  employees,  appointment  of 187 

Commissioners, 

acting  commissioner  and  power  of 182 

annual  estimate  of  expenses 214 

annual  report  of,  to  Common  Council . ' 215 

annual  report  to  Supervisors 218 

appointment  of 182 

matrons,  ajjpointment  of 185 

meetings  of 184 

oath  of  office 183 

political  party,  at  no  time  shall  there  be  two  of 

the  same 182 

powers  and  duties  of 185,186 

qualifications  of 183 

removal  of 184 

rules  to  govern  its  proceedings,  shall  make.  .  184 

salarj'-  of,  to  be  fixed  by  ordinance     184 

sale  or  purchase  of  land  for  police  purposes, 

etc.,  not  to  be  interested  in 184 

Icrm  of  office 182 


INDEX   TO    CHARTER.  31o 

.Section 

Police,  Department  of, 
Commissioners . 

vacancy  in  office,  how  filled 183 

compensation  or  fees,not  to  receive,except,  etc.  208 
constables,  members  of  force  to  have  power  of. 

except,  etc 196' 

contracts,  not  to  be  interested  in 184 

county  charge,    certain    expenses    to    be.  .   196.199.202 

County  Treasurer  to  pay  moneys  to  city 218 

creation  of ISO 

criminal  warrants,  power  to  issue. 195 

criminal  process,  to  serve  certain 202 

detail  of  police  for  departments,  when  directed 

by  ]\layor 216 

detectives,  shall  detail  patrolmen 191 

detectives,  order  of  detail 200 

dog  licenses 210 

dog  licenses,  penalty  for  failure  to  procure 210 

dog  licenses,  moneys  collected  for  to  be  credited 

to  Police  Pension  Fund 210 

dogs  not  licensed,  authorized  to  destroy 210 

dog  pound,  power  to  construct 210 

dog  catchers,  appointment  of 210 

dog  catcher.  Board  may  contract  uith 210 

duties  of  members  regulated  by  the  Board 201 

elections,  duty  of  Superintendent  as  to 206,207 

employees  and  clerks 187 

expenses,  traveling,  etc.,  how  paid,  etc 208 

expenses  in,  when  a  county  charge 196.199.202 

fees  to  members 208 

fees,  for  permit  to  carry  pistols,  to  be  credited  to 

Pension  Fund 209 

fines  collected  for  carrying  concealed  weajDons. 

to  be  credited  to  Pension  Fund 209 

gambling  houses,  duty  of  Superintendent  as  to .  205 

government  and  discipline  of 194 

hackmen.  supervision  over 204 

Harbor  Master,  shall  aid 381 

Health  Commissioner,  to  execute  orders  of 235 

inspection  districts,  number  of 188 

intelligence-office  keepers,  supervision  over 204 

interference   with   telegraph   apparatus  a   mis- 
demeanor   217 


316  i\i)i:.\  TO  ciiAirriin. 

Section 

Police.  Dt-'partnu'iit  of, 

junk-shop  keepers,  supcM'vision  over 204 

jury  duty,  members  not  lial)le  to 1<S() 

justices  of  the  peace,  l)()ar(l  of 385 

lamps,  defective  and  not  lighted,  report  of 294 

leave  of  absence,  power  to  suspend 189 

licensed  places,  supervision  over 204 

lost  or  abandoned  property,  custody  of 212 

lotteries,  duty  of  Superintendent  as  to 205 

matrons,  appointment  of 185 

Mayor  not  obHged  to  attend  meeting,  excerpt,  etc.  181 

members  of  Department 181 

membei's  in  office  when  act  takes  effect 187 

members  and  employees  shall  be  citizens  of  the 

United  States,  etc 191 

militar}^  duty,  members  not  liable  to 180 

military  aid  to  quell  riots,  may  call  for 186 

oath  of  office  of  members 200 

obscene  amusement*^, duty  of  Sui)erinteiident  as 

to ■ 205 

official  bonds 201 

offices  to  be  })roviiled  for 185 

operators 187 

organization  and  members 181 

patrolmen  detailed  as  detectives,raid<  and  pay  of  191 

patrolmen,  number  in  precincts 189 

patrolmen,  appointment  of 191 

patrol-wagon  drivers 187 

pawnbrok(n's,  supervision  over 204 

Pension  Fund  in, 

creation  and  n^gulation  of 211 

death   beneficiaries  and   amount   of  pension 

sub.  1  211 

deficiency  of,  how  provided ' 214 

fees  and  fines  imposed  by  sections  209  and 

210  to  be  paid  to ' 211 

five  per  centum  of  all  fines  im])osed  for  viola- 
tion of  exci.se  law  to  be  paid  to 211 

injuries,  1)eneficiaries  and  amount  of  pension 

< sub.  2  211 

matrons,  privilege  of  funtl sul).  3  21 1 

paj^  forfeited  to  members  of  the  Dejiartment 

to  be  paid  to 211 

pen.sions  paya])le  monthly  and  exempt  from 

attachment  or  execution sul).  3  211 


INDEX   TO    CHARTER.  317 

Section 

Police,  Department  of, 
Pension  Fund  in, 

retired  or  disabled  members,  amoimt  of  pen- 
sion   sub.  3  211 

retired  members  may  be  accepted  to  perform 

duty,  in  case  of  emergency sub.  3       211 

rewards  and  gifts 211 

sale  of  unclaimed  goods,proceeds  to  be  paid  to  211 

three  per  centum  of  all  fees  for  li([Uor  licenses, 

to  be  paid  to 211 

Treasurer  of 211 

Trustees  of 211 

physician,  in  case  of  emergency 1 90 

pistols,  permit  to  carry  and  fee. . 209 

platoons,  patrolmen  shall  be  divided  into  three.  189 
platoons,  no  two  shall  be  on  duty  at  the  same 

time,  except,  etc 189 

Poor  Department,  duty  in  relation  to 352 

powers  and  duties  regulated  by  Board 201 

powers  and  duties,  general 198 

powers  of  Board 185,186 

precincts,  number  of 188 

proceedings  before  Board,  oaths,  subpoenas,  etc.  195 
property  lost,  stolen  or  abandoned,  taken  by, 

how  disposed  of 212 

qualifications  of  members  of  force 191 

reduction  in  rank 187 

register   of   persons   having   permits   to    carry 

pistols,  shall  keep •     209 

removal  or  reduction  in  rank 192 

resistance  to  members  of 217 

rewards  in 211 

rules  and  regulations  of 194 

salaries  of  officers  and  employees 190 

salaries  shall  be  paid  semimonthly 190 

Sealer  of  Weights  and  Measin^es,  appointment  of  219 

secondhand  dealers,  supervision  over 204 

secret  service  fund 197 

sergeants,  appointment  of 191 

sick,  may  issue  orders  to  visit '')()! 

special  patrolmen,  appointment,  compensation, 

term  of  office  and  powers  and  duties  of 193 

station  houses,  for  women,  shall  designate 185 

stolen  money  or  property,  custody  of 212 

streets  and  sidewalks,  defective,  to  report 294 

13 


318  INDEX    TU    CllAUTEK. 

tSci'fiuii 
I'niicc,   1  )c]i;irtllicill   of, 

.surgeon,   wlicii   absent,    who   may   l»e   calleil    (o 

render  aid l!)() 

Snpcrintentlent, 

api)ointnient  of 187 

criminal  warrants,  j^ower  to  issue 195 

elections,  duty  as  to 206,207 

gamljling  liouses,  duty  as  to 205 

lotteries,  duty  as  to 205 

obscene  amusements,  duty  as  to 205 

official  bond 201 

ordinances,  shall  enforce 19S 

powers  of 215 

quarterly  report  to  Board..    215 

Secret  Service  Fund 197 

su.spenslon  from  joay  or  duty 192 

term  of  office  of  members  and  cl(M-ks 192 

imiforms,  badges,  etc.,  shall  prescril)e 194 

uniforms  injured  or  destroyed  in  discharge  of 

duty,  may  replace 194 

vacation  and  leave  of  absence 189 

warrants,    criminal,    members    of    Board    and 

Superintendent  may  issue,  how  returnal)le. .  195 

who  are  members  of  force 187 

women,  stations  for  detention  of.- 185 

Police  Justice, 

absence  of,  Mayor  may  act  or  appoint  elector  to 

perform  duties 382 

appointments  by,  to  ])e  in  writing  and  filed  willi 

County  Clerk [ 384 

])()nd  of 48 

Ckirk,  duties,  oath  of  ollice  and  filing  of 384 

election  of 45,382 

fees,  shall  not  receive 383 

fines,  disposition  of 382 

inter]:)reters 384d 

monthly  report! 382,384 

oath  of  and  filing  of ,*i82 

po\v(>rs  and  duties  of ,'}S2 

pi-obation  officers l{,S4b 

|)roba(ion  for  cliildren  convicted  of  oll"ens(>s.  . . .  .')84c 

record  of  i)r()ceedings 384 

record  of  convictions,  filing  of 384 

removal  of 382 


INDEX  TO    CHARTER.  319 

Section 

Police  Justice, 

salary  of,  how  fixed 383 

salary  shall  be  paid  monthly 383 

stenographer 384a 

term  of  office 47,382 

Poor,  Department  of. 
Overseer  of    Poor, 

appointment  and  removals  by 351 

annual  report  to  Common  Council 354 

bond  of 48 

books  and  records,  how  kept 354 

'     lioots  and  shoes,  shall  contract  for 358 

burials,  shall  contract  for 358 

clerks,  appointment  of 480 

daily  report  to  Mayor 354 

deputy,  appointment  and  duties  of 480 

election  of 45,349 

fuel,  shall  contract  for 358 

expenditures,  charge  and  control  of 350 

monthly  statement  of 354 

powers  and  duties  of,  general 352 

term  of  office 47,349 

aid  for  six  months  only  without  reinvestigation  352 

assistance,  how  long  rendered 352 

books  and  records  to  be  open  for  examination 

by  any  taxpayer,  etc 354 

buying  order  from  person  to  whom  issued,  a 

misdemeanor 360 

city  physicians,  duty  of 352,361 

city  physicians,  weekly  report 363 

classification  of  aid  and  relief 356 

fraud,  practiced  to  procure  aid,  a  misdemeanor  364 

hospital  aid  or  treatment,  order  for 357 

intoxicating   drinks,    furnishing   same   on   any 

order,  a  misdemeanor ' 360 

investigations  by  city  physicians 352 

investigations  in  all  cases  except  in  emergency  352 

medicine,  how  furnished 362 

orders,  how  drawn.' 360 

orders,  shall  specify  nature  of  articles  to  be  fur- 
nished and  value  thereof,  except,  etc 359 


32(J  im)J:\  'ID  <  iiAini:);. 

Section 

Poor,  Department  of, 

order  for  aid  shall  not  be  given  to  person  under 

thirteen  years,  at  ofhce,  etc 355 

police  officer's  order  to  cit\'  physician  to  \'isit 

sick  person 'M\l 

police  investigation 352 

prescription  blanks,  ofHcial 8G2 

records  of  application  for  aid 852 

relief,  granting  of 352 

I'clief,  shall  not  grant  luitil  after  investigation.  .  352 

relief,  in  case  support  is  not  chargeable  to  city .  353 

return  of  order  to  overseer 360 

subordinates,  appointment  and  removal  of 351 

wlien  applicant  a  i)ermanent  charge, duty  as  to  352 

Pound,  dog, 

power  to  construct 210 

Printing, 

see  official  printing  and  official  paper. 

Proceedings,  matters  and  things  begun  before  first 

Monday  in  Jaruiar}^,  1892,  ratified  and  confirmed  509 

Pul^lic  buildings, 

power  to  construct,  etc 401 

control  of  Board  of  Public  Works sub.  G  271 

J'ublic  grounds,  streets  and  waters, 

boimdaries,  power  to  establish  and  record 402,403 

Buffalo  river  a  jiublic  highway 404 

bridge  over  Buffalo  River  a  lawful  structure.  .  .  404 

canals,  power  to  construct 391 

city  hall,  markets,  etc.,  power  to  erect 401 

dedication  of  new  street,  mode  of  procedure.. .  .  402 

deficiency  assessments 409 

docks,  may  rent  or  lease 401 

Dodge  farm,  restrictions  as  to 444 

encroachments  upon,  removal  of 395 

expense  of  work  or  improvements,  how  defrayed  400 

improvements,  general 396 

improvements  of,  how  paid 400 

laying  out,  etc 391 ,396 

inaintenance  of  and  expense,  how  ])aid 401 

nuisances  upon 395 

occupant  of,  liability  of 160 

public  buildings,  power  to  erect 401 

surveys  and  records  of 391 

waters,  public,  control  of  city  over 405 

wharves,  culverts,  piers,  etc.,  construction  of..  .  396 


INDEX   TO    CHARTER.  321 

'                        *  Section 

Public  instruction.  Department  of, 
Board  of  School  Examiners, 

annual  report  of 346 

appointment  and  qualification  of 331 

appointment  of  successors 332 

certain  acts  relative  to  examinations  a  mis- 
demeanor   347 

chairman  of 314 

examinations,  by  and  how  conducted 335-339 

expenses  of,  how  paid 348 

first  examiners, appointment  and  term  of  office 

of 332 

general  powers  and  duties  of .  334 

list  of  applicants  who  have  passed 339 

meetings  of 334 

misdemeanor  of 347 

notice  of  stated  examinations 337 

place  of  meeting  and  holding  examinations.. .  348 

quorum  of 334 

record  of  proceedings ; 345 

reexamination  of    applicants  who  have  failed 

to  pass 343 

removal  or  suspension  of 333 

rules  and  regulations  of 344 

salaries  of  teachers, when  payment  prohibited  342 

salaries,  how  paid 348 

secretary  of 334 

subjects  upon  which  applicants  shall  be  ex- 
amined, shall  be  designated  by  Superinten- 
dent of  Education 336 

supplies  and  stationery,  how  furnished 348 

suspension  or  removal  of 333 

term  of  office  of 332 

vacancy,  how  filled 333 

visitation  of  schools  by 314 

annual  report  of  the  condition  of  schools 330 

application  for  position  as  teacher,  how  made  335 

clerks,  appointment  of 330 

districts,  division  into  by  ordinance 325 

expenses  of  department,  how  paid 329 

German  language  to  be  taught 330 

high  schools,  maintenance  and  regulation  of.. .  .  327 

literature  fund  of  the  state,  share  of  schools  in  328 
list  of  applicants  who  have  passed  examination 

for  teaching 339 


14 


322  IXDKX    Ti»    en  A  RTF,  n. 

Sectioa 

I'ublic  Iiistiuctioii,  Dcpartiiu'iil  of, 

inaiiual  training  school,  may  maintain.. 327 

pui)ils  in  high  and  manual  training  schools  shall 

possess  (iiialitications  prescribed  by  ordinance  327 

Secretary  and  Superintendent  of  German 330 

schools,    public,    establishment,    maintenance, 

and  regulation  of 324 

schools,  to  be  maintained  in  each  district 325 

schools,  who  may  attend 326 

schools,  erection  and  furnishing  of  and  purchase 

of  lots,  annual  appropriation  for 329 

share  of  schools  in  literature  ana  school  fund  of 

the  state 328 

study, course  of,Superintendent  shall  recommend  330 
teachers,  new,  Superintendent  shall  select,  and 

how 330 

teachers'  retirement  fund 348a  to  348j 

Superintendent  of  Education, 

annual  report  of  the  condition  of  schools 330 

bond  of 48 

course  of  study,  shall  recommend 330 

election  of 45 

examination  of  applicants  for  teaching,  shall 

prepare  subjects 336 

powers  and  duties  of 330 

Secretary  and  Superintendent  of  German. .  .  .  330 

study,  shall  reconmiend  course  of 330 

term  of  office 47 

Teachers  in, 

application  for  position,  how  made 335 

appointment  on  probation  and  salary  of 341 

examination  of  applicants,  how  conducted. .  .    337,338 

grading  of 336 

list  of  successful  applicants 339 

preference    shall   be   given   to    residents    of 

Buffalo * 339 

reemployment  of  teachers 340 

reexamination  of  applicants  who  have  failed 

to  pass 343 

salary,  payment  of  prohibited  when  appointed 

in  violation  of  the  charter 342 

selection  of 330 

suspension  or  dismissal  of 330 

teachers'  retirement  fund 348a  to  34Sj 

l'u1)lic  water)?,  lavinir  out.  vtr 391 


INDEX   TO    CHARTER.  323 

-r>    11-     ITT     1        T-v  Section 

rublic  Works,  Department  of, 

accepted  streets,  power  to  repair 277 

annual  estimate  for  repairs  of  streets 276 

annual    estimate    for    cleaning    and    repairing 

sewers  and  receivers .  .  . 280 

application  of  water  receipts 286 

appointment  of  Commissioners 271 

appointments  by  Commissioner 273 

areas  and  projections  in  streets sub.  7  271 

ashes  and  garbage,  removal  of 272 

assessment  roll,  monthly,  for  work  done 288 

basins,  slips,  etc.,  control  of sub.  5  271 

bond  of  Commissioner 48 

bridges,  control  of sub.  5  271 

buildings,  public,  constructing,  repairing,  etc.. 

control  of.. .  .  _ sub.  6  271 

buildings  unsafe,  power  over 290 

buildings  unsafe,  expense  of  removing  a  lien 

upon  property 291 

buildings,  erection  of,  control  over 292,293 

buildings,  erection  of,power  of  Common  Council  292 

buildings,  inspectors  of,  cjualifications  of.. sub.  3  273 

bureaus  in 273 

Bureaus  in  charge  and  control  of  Board, 

Building  Bureau,  and   Deputy  Building  En- 
gineer Commissioner sub.  3  273 

Engineering  and  general  work,  and    Deputy 

Engineer  Commissioner sub.  1  273 

Streets,   Bureau  of,   Deputy  Street  Commis- 
sioner  sub.  4  273 

Water   Bureau    and     Deputy  Water   Com- 
missioner   sub.  2  273 

canals,  control  of sub.  5  271 

change  of  plans  of  sewer  district,  compensation 

for .  sub.  2  271 

claims  against,  audit  of 287 

cleaning  streets 272 

Commissioner  to  be  paid  monthly 273 

conduits,  maps  of  to  be  filed 295 

conduits,  permission  to  lay  and  relay 295 

contracts  Commissioner  or  subordinates  not  to 

be  interested  in 282 


324  INDEX    TO    CHARTKR. 

Section 

rul)lic  W'oik.s.  Dcpai'tnuMit  of, 

contract  oxcceding  $500  .shall  not  bo  mad(>  with- 
out consent  of  Common  Council 283 

contracts  for  work  or  improvement 272 

contracts  shall  be  awarded  to  lowest  bidder. .  .  .  283 

creation  of 271 

election  of  Commissioner 45,271 

electric  lights,  wires  and  conduits,  control  of 

sub.  4  271 

employees  and  subordinates  in  bureaus,  appoint- 
ment and  removal  of 273 

expenditure  by,  not  to  exceed  annual  appro- 
priation, except,  etc 299 

expenditure  by,  limited 283 

fencing  vacant  lots sub.  7  "        271 

filling  sunken  lots sub.  7  271 

gai-bage  and  ashes,  removal  of. -         272 

gas  mains,  control  of sub.  4  271 

general  powers  and  duties  of  Department 271,273 

hydrants,  control  and  establLshment  of.  .sub.  8  271,  289 

h3'drants,  expense,  how  a.sses.sed 289 

inspectors  of  buildings,  authority  to  enter  l)uild- 

ings ". 290 

inspectors  of  buildings,  qualifications  of.  .sub.  3  273 

lamps  in  streets,  defective,  police  to  report 294 

lights  and  lighting,  control  of sub.  4  271 

maps,  surveys,  etc.,  control  of sub.  9  271 

maps  of  sewer  districts  to  be  filed sub.  2  271 

monej's  received  by,  deposit  of  dail}' 286 

moneys  received  for  sale  of  water,applications  of  286 

monthly  assessment  roll  for  work  done 288 

monthly  report  of 272 

no  work  shall  be  executed  until  payment  has 

been  provided 272 

nuisances,  abatement  of sub.  8  271 

ordinances,Superintendent  of  Buildings  to  en- 
force   290 

pay  accounts,  to  be  in  accordance  with  general 

laws 273 

permits  for  house  connections sub.  1 ,   2  271 

permits  to  occupy  streets  by  builders.  .  .  .sub.  3  271 

powers  and  duties  of  Department,  general 271,273 

public  work,  how  ordered 272 

public  buildings,    constructing,    rc]iairing,    etc., 

control  of .sub.  6  271 


INDEX  TO    CHARTER.  325 

Section 

Public  Works,  Department  of, 

receivers,  cleaning  and  repairing 278 

removing  ashes  and  garbage,  control  of.  .sub.  3   271,272 
repairs  of  streets,  shall  make  without  order  of 

Common  Council 277 

repairs  of  street,shall  make  annual  estimate  of, 

etc 27G 

rules  and  regulations  of 284 

salaries  of   subordinates   and   employees 273 

salaries  of  employees  to  be  paid  monthly,  unless, 

etc..." 273 

service  pipes,  power  to  lay 288 

sewers  and  drains,  control  of sub.  2  271 

sewer  districts,  division  of  city  into sub.  2  271 

sewer  districts,  change  of  plans sub.  2  271 

sewers,  cleaning  and  repairing 278 

sidewalks,  laying  of,  notice  to  owners 288 

sidewalks,  repairing  or  removal  of  snow  and  ice, 

not  required  to  notify  owners 288 

sidewalks,  laying,  cleaning  and  repairing,  power 

of  Board  over .  288 

side  and  crosswalks,  laying  of,  control  of.  ..siilj.  3  271 

snow  and  ice,  removal  of  from  sidewalk 288 

sprinkling  streets,  control  of sub.  3  271 

stairways  in  streets,  control  of sub.  7  271 

store  yard,  authorized  to  lease  or  purchase 296 

streets  accepted,  repairs,  etc 279 

streets,  surveys  and  descriptions  of  to  be  filed 

wdth  City  Clerk 281 

streets,  opening,  paving,  etc.,  control  of.. sub.  3  271 
streets,cleaning  and  sweeping, control  of  sub.  3   271,272 

street  lamps,  defective,  police  to  report 294 

telegraph,  telephone,  and  electric  light  poles, 

locating  and  removing,  control  of sub.  4  271 

Treasurer  to  be  notified  when  work  is  begun ...  94 

vacancy  in  office,  how  filled 271 

vaults  under  streets,  control  of sub.  7  271 

water  revenue sub.  1  271 

waterworks  and  supply,  control  of sub.  1  271 


320 


INDEX  TO    CHARTER. 


Section 

Public  U  orks,  Department  of, 

watenvcks,  power  to  construct,  maintain  and 

extend,  etc sul).  1  271 

water  pipes,  layinj^  of sul).  1  271 

waterworks,  no  person  shall  construct  without 

authority  of  Board 274 

water  rates 285 

waterworks,  alteration  or  extension,  power  of 

Jioard 297 

wells  and  pumps,  control  of sub.  8  271 

wharves,  docks  and  piers,  control  of sub.  5  271 

wires,  telephone,  telegraph,  etc.,  placing  under- 
ground  sub.  4  271 

Avork  or  improvement,  general  or  local,  recom- 
mendation of,  by ' 272 

work  or  improvement,  how  ordered 272 

work  or  repairs  ordered  in  front  of  premises, 

notice  to  owners 298 

work  executed  by 410 

work,  expense  exceeding  $500,  notice  iiiviliiig 

bids  shall  be  published 283 

W'Ork,  when  Ijegun,  to  notify  Treasurer 94 

.    Q 

Quarantine  Hospital, 

establishment  of 241 

keeper •        235 

Quorum, 

nuijorit}'  of  any  board  tniless,  etc 503 

R 

Railroads, 

in  parks 314 

permits  for  in  streets,  etc '.  .  28 

power  to  regulate sub.  7  17 

Reassessment, 

when  assessment  irregular 117 

Receivers, 

cleaning  and  repairing 278 

Records,  public, 

fees  for  copies  of 500 

inspection  of 490 

Poor  Department,  to  be  open  for  inspection. . .  .  354 

when  evidence 498 


INDEX   TO    CHARTER.  327 

Record  of  coiiviclioii, 

filing  of  with  Couuly  (JU^-k 390 

Rendering  establishments 238 

Repeahng  clause 507 

Reservoirs, 

power  to  construct 401 

restriction  on  sale  of  Dodge  Farm 444 

Resident  of  city,  competency  of  as  juror,  etc., 

where  city  a  party 496 

Resistance  to  members  of  police  force 217 

Resolution,  etc.,  shall  be  presented  to  Mayor  for 

approval,  except IS 

Rewards,  how  authorized 13 

Runners,  license  to  regulate sub.  G  17 

S 

Salaries, 

Aldermen 474 

Councilmen 474 

how  fixed sub.  1  and  12  17 

justices  of  the  peace 385 

shall  not  be  changed  during  term  of  office .  sub.  1  17 

subordinates  of  assessors , 133 

subordinates  of  Health  Department 235 

subordinates  of  Police  Department 190 

Sale  of  lands  abandoned,  etc 440,445 

Sale  of  lands  for  taxes, 

action  to  test  validity  of  assessment 116 

allowances  to  holders  of  certificates  of  sale 126 

amount  minimum  for  w^hich  lands  may  be  sold  109 
assessors  may  correct  imperfect  description  of 

lands  before  notice  of  sale,  and  not  after 124 

certificate  of  sale 112 

collection  of  tax  may  be  enforced  by  sale 108 

conveyance  to  purchasers 115 

county  taxes,  saving  clause , 1 19 

]iotice  of  tax  sale 1 10 

notice  to  redeem,  form  of  .'iiid  how  served J 14 

])()ssession,  how  obtahietl 112 

})urchasers  shall  pay  amount  of  sale  witliin  48 

hours  after  sale 112 

purchases  by  the  city,  how  paid  113 


."ViS  INDKX    TO    (IIAKTKI!. 

Section 

SaU;  of  lands  for  taxes, 

purchaser  to  give  notice  to  redeem  lands 114 

purchastn",  when  unable  to  recover  possession  by 

reason  of  error  in  assessment,  etc.,  ])iirchase 

money  reimbursed 117 

record  of,  to  l)e  kept  by  Comptroller 121 

redemption  of,  by  owner 110 

redemption  before  sale 110 

redemption  of  lands  and  premises 11 2,1 14 

redemption  of,  expenses  of  holder  of  certificate.  126 
redemption  of,  restriction  and  unanimous  vote 

in  Conmion  Council 120 

i"(>iml)ursement  of  purchase  money 117 

return  of  tax  rolls  by  Ti"easurer 107 

rights  of  persons  having  liens  on  lands  sold  ....  127 

sale  in  parcc^ls  or  separat(>l3' 1 09 

sale  at  auction 110 

searches  to  be  furnished  by  County  C(n-k  to  i)ur- 

chaser,  and  fees,  etc 114 

statement  of  tax  rolls  to  be  ])repared 107 

surplus  moneys  how  disposed  of Ill 

surplus  moneys,,  unclaimed Ill 

taxes  and  assessments,  lien  for  10  years 106 

time  of  sale 108 

validity  of  assessment  jjresumed 116 

warrants,  how  paid  when  city  purchases 113 

when  l)i(l  not  sufficient  Comptroller  shall  bid  for 

city 110 

Scavenger,  city 235 

Schools, 

districts 325 

teachers,  selection  of 330 

teachers,  suspension  or  dismissal  of 330 

tep-chers'  retirement  fund 34Sa-34Sj  234 

see  also  Public  Instruction,  Department  of. 
Seal  of  the  city, 

custody  of 50 

]>res(Mit  seal  to  continue  as 499 

Sealer  of  Weights  and  Measures, 

ap])ointment  of 219 

ajjpointnient  of,  and  assistants  shall  be  under 

civil  service  rules 221 

assistants,  appointment  of 219 

Corporation  Counsel  to  bring  action  for  x'iolation 

of  ordinances 220 


INDEX   TO    CHARTER.  329 

Section 

Scaler  of  Weights  and  Measures, 

duties  of 220 

ordinances  to  prevent  and  punish  fraud,  .sub.  9  17 

term  of  office  and  compensation 219 

violations,  shall  report  to  Corporation  Counsel..  220 

weekly  report 221 

Search  warrants 204 

Secondhand   merchandise,  police  supervision  over  204 

Security  by  city,  not  necessary  to  give  on  appeal  in 

any  action 501 

Sergeant-at-arms,Common  Council, appointment  of  10 

Sewers, 

charge  and  control  of sub.  2  271 

cleaning  and  repairing 278 

connections,  laying  of  and  assessment  roll 288 

districts sub.  2  271 

expense  exceeding  $40,000,  division  of  into  more 

than  five  and  not  more  than  15  installments  105a 

Sidewalks, 

defective,  police  to  report 294 

laying  of,  notice  to  owners 288,298 

laving,  cleaning  and  repairing,  control  of  Board 

"of  Public  Works :: 288 

repairing  or  removing  snow  and  ice,  not  required 

to  notif^y  owner'; 288 

snow  and  ice,  removal  of 288 

uncleaned,  police  to  report 294 

upon  park  approaches 315 

Slaughterhouses,    . 

ordinances  regulating sub.  8  17 

power  of  Health  Commissioner  over 238 

Slips, 

control  of sub.  5  271 

laying  out,  etc 391 ,396 

Squares,  powers  to  improve,  etc 401 

State  taxes, 

validity  of  lien  preserved 119 

Streets  and  alleys, 

accepted,  repairs  of,  how  paid 275 

accepted  streets,  what  are 279 

authority  to  lay  out 391 

Black  Rock,  conveyance  of  to  adjacent  owners 

when  discontinued,  etc 493 

boundaries,  ascertaining  and  recording 402 


330  IXDKX    TO    ClIAKTEH. 

Section 

Streets  and  alleys, 

chaiifio  of  firade,  damages  by  reason   of,  how- 
awarded  and  paid 401) 

cleaning  streets,  expense  how  d(^f rayed 400 

cleaning  of 272,396 

cleaning  and  sprinkling,  how  ordered 408 

continuous  streets,  portions  of  which  bear  differ- 

erent  names,  considered  a  single  street 394 

contract  for  work,  expense  exceeding  $500,  shall 
not  be  entered  into  until  assessment  roll  has 

been  confirmed,  except,  etc 408 

contraction  or  discontinuance  of,  l)y  petition. .  .  394 

dedication  of,  mode  of  procedure 402 

discontinuance  or  contraction  of  ])y  petition.. .  .  394 

division  of  into  carriageway  and  sidewalks 393 

encroachments  upon,  removal  of 395 

estimate  of  repairs 276 

expense  of  work  and  improvement,  how  paid.. .  400 

grade  of  shall  be  estah.lished  and  recorded 392 

grade,  change  of,  damages  by  reason  of,  how 

awarded  and  paid 406 

grading,  graveling  or  macadamizing 397 

laying  out  of 391 

nuisances,  abatement  of 395 

obstruction  on,  removal  of 395 

opening  and  improvement  of 396 

paving  or  repaving,  mode  of  procedure 397,398,399 

pa ving,etc., expense  exceeding  $500,how  ordered   398,399 

paving,  etc.,  by  notice  of  intention sub.  1  398 

paving,  etc.,  on  majority  petition sub.  2  398 

paving  of,  may  issue  bonds 105 

l^etition  to  pave,  shall  be  referred  to  assessors, 

sub.  2  398 

pc^tition  to  pave,  return  of  by  Assessors  with 

certificate ^ 399 

plans  and  specifications  for  paving  shall  include 
work  and  material  for  connecting  with  cross 

streets,  etc 408 

record  of 42.136.391 

repairing  of 279,396 

streets,  uncleaned,  police  to  n>port 294 

streets,  defective,  police  to  report "• 294 


INDEX   TO    CHARTER.  331 

Section 

Streets  and  alleys, 

streets  laid  out  or  used  for  20  years  and  not 

recorded,  shall  be  described  and  recorded. .  .  .  403 

streets,  when  deemed  dedicated  and  accepted.  .  136 

surveys  and  descriptions  of  to  be  filed 281 

vote  recjuired  to  order  work,  expense  exceeding 

$500  (except  paving,  grading  streets,  etc).. .  .  407 

watering  of 396 

Structures,  dangerous,  removal  of 30 

Subpoenas,  power  to  issue 502 

Supervisors, 

election  of 365 

powers  and  duties  of 367,368 

term  of  office 365 

vacancy  in  office,  how  filled 374 

Superintendent  of  Education, 

see  Public  Instruction,  Department  of. 

T 

Tax  agent,  appointment  of 125,149 

Taxes  and  assessments, 

action  to  test  validity  of  and  defenses  against. .  116 

agents,  appointment  of 125,149 

county  to  raise,  for  police  purposes 218 

invalid,  reassessment  of , 117 

irregular  proceedings,  Council  may  annul  and 

begin  anew 122 

lien  of 98,99,106 

lien  of  state  and  county  taxes 119 

mortgagee  redeeming  lands  from  sale,  may  add 

amount  to  mortgage 127 

no  action  shall  be  brought  or  maintained  upon 

any  local  assessment ,  except  for  side  and  cross- 

Avalks 119 

partial  payment  of 128 

presumed  valid 116 

roll,  when  delivered  to  Treasurer,  presumptive 

evidence  as  to  its  regularity 118 

validity  of 116 

Telegraph,  telephone,  and  electric  light  wires  and 

poles, 

maps  of  subways  and  conduits  to  he  filed 295 

power  of  city  to  regulate  .sub.  7,  sec.  17;  sub.4,  sec.  271 


332  IXDKX    TO    (  IIAKTF.K. 


Temporary  loans  from  banks  of  deposit 12 

Temporary  loans,  to  pay  judgments 178 

Tenement  houses,  power  of  Health  Commissioners 

over 238 

Tunnels, 

control  of sub.  5  271 

power  to  establish  and  license 29 

u 

Undertaking,  release  of,  not  to  be  given 27 

Unsafe  buildings, 

expense  of  removing  a  lien  upon  property 291 

power  of  Department  of  Public  Works   o\-er.  .  .  290 

V 

Vacancy  in  office, 

appointive,  how  filled 483 

elective,  how  filled 374 

Fire  Commissioners 245 

Park  Commissioners ; 308 

Police  Commissioners 183 

Public  Works 271 

School  Examiners 332 

Vacant  lots,  control  over sub.  7  271 

Vetoes,  action  and  vote  reciuired  to  overrule 18 

Vital  statistics, 

control .sub.  8  17 

register  of 235 

Volunteer  firemen, 

certificate  to 264 

exempt  from  jury  antl  militia  dut\' 264 

Vote,  required  in  Board  of  Aldermen  and  Board  of 
Council  men, 
ayes  and  nays,  when  to  be  taken  in   Hoard  of 

Councilmen 10 

bonds,  to  authoi-ize  the  issue  of,  for  the  erection, 

etc.,  of  school  buildings  (17  and  6) 329 

buildings,  to  erect,  etc.,  "unanimous" .  .  .sub.  5  17 
contract,creating  liabilitv  out  of  general  fund 

(13  and  5)  . \ '. 73 

estimates,  to  alter  or  amend  (17  and  6) 70 

estimates,   to   adopt   as   altered   or   amended, 

"majority,  each  Board" 70 


INDEX   TO    CHARTER.  333 

Section 

Vote,  required  in  Board  of  Aldermen  and  Board  of 
Coiuicilmen, 

fines  for  violation  of  ordinances  to  remit  (17 

and  6) 27 

lamp  district,   to  extend  without   petition   (19 

and  7) 412 

mont-hly  assessment  roll  to  correct  or  revise  (17 

and  6) ...  _. 288 

paving,  grading,  etc.,  streets,  expense  exceeding 
$500,  to  order  under  notice  of  intention  (19 
and  7) 398 

resolution  of  determination  to  take  lands  (17 

and  6) 419 

reward,  to  authorize  Mayor  to  offer   (17  and  6)  13 

sewer,  expense  exceeding  $40,000,  to  direct  as- 
sessment to  be  divided  into  five  or  more  install- 
ments (17  and  6) 105  a 

to  redeem  lands  from  tax  sale,  "unanimous".  .  120 

to  increase  expenditures  in  any  department 
upon  .certificate  from  Mayor,  Comptroller, 
and  Treasurer  (17  and  6) 73 

to  release  from  liability  to  the  city  (25  and  9) . .  27 

to  permit  railroad  tracks  to  be  laid  in  streets  (17 

and  6) 28 

veto,  to  overrule,  if  in  first  instance  it  required  a 

majority  vote  to  pass  (17  and  6) 18 

veto,  to  overrule,  if  in  first  instance  it  required 

two-thirds  vote  to  pass  (19  and  7) 18 

work  or  improvement  exceeding  $500  (except 
]:)aving,  etc.,  streets  on  majority  petition),  to 
order  after  notice  of  intention  (17  and  6) 407 

w 

Wards, 

boundaries  of 3 

fence  viewers  in 367 

officers  in 365 

supervisors  of,  powers  of 368 

Ward  officers, 

election  of 365 

power  of 367,368 

term  of  office  of 365 

vacancy,  how  filled 374 

Warrants, 

cancellation  of,  when  paid 61 


334  IXDIOX    TO    CHAHTKK. 


Warrants, 

in  payment  of  local  work 105 

moneys  to  be  paid  ui)on  solely GO 

must  be  countersigned 60 

must  specify  purpose  for  which  it  is  drawn  and 

fund  out  of  which  payable 60 

payment  of,  before  due 105 

payment  of,  when  city  purchases  at  tax  sale.  .  .  113 

Treasurer,  when  to  pay 62 

Water  connections,  laying  of  and  assessment  roll..  288 
^^'aters,  pubHc, 

control  of  city  over 405 

laying  out  of,  etc 391 

Water  rates,  fixing  of 285 

Waterworks, 

charge  and  control  of 271 

extension  or  alteration  of,  power  of  Commissioner 

of  Public  Works 297 

no  person  shall  construct  any  of  the  works  with- 
out authority  from  Commissioner  of  Public 

Works ." 274 

Weapons,  concealed 209 

^^'eekly  payments  of  wages 273 

Weight.^  and  measures, 

see  Sealer  of  Weights  and  Measures. 
Wells  and  pumps, 

custody  of sub.  S  271 

maintenance  of 401 

not  to  be  ordered  in  a  water  district 401 

Wharves,  control  of sub.  5  271 

Wires,  telegraph,  telephone,  etc.,  placing  under- 
ground  sub.  7,  sec.  17;  sub.  4  271 

Witnesses, 

before  Auditor ,58 

before  committee 31 

before  Fire  Commissioners 255 

before  Mayor 49 

before  Police  Conunissioners 195 

powerof  officersor  memlx'rsof  boards  to  subpoena  502 
Wrecks, 

see  Harbor  Master. 
Works  or  improvement, 

deficiency,  a.ssessment  for 409 

in  excess  of  $500,  how  ordered 397.408 

in  excess  of  $500,  how  contracted  for 408 


THE   UNIVERSITY  LIBRARY 
This  book  is  DUE  on  the  last  date  stamped  below 


Form  L-n 

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The  charter 
of  the  city  of 


Buffalo. 


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